15 U.S.C. § 1070 — Appeals to Trademark Trial and Appeal

Page 1301 TITLE 15—COMMERCE AND TRADE § 1071 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of this title. REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chap- ter on pending proceedings and existing registrations and rights under prior acts, see notes set out under sec- tion 1051 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. § 1070. Appeals to Trademark Trial and Appeal Board from decisions of examiners An appeal may be taken to the Trademark Trial and Appeal Board from any final decision of the examiner in charge of the registration of marks or a final decision by an examiner in an ex parte expungement proceeding or ex parte re- examination proceeding upon the payment of the prescribed fee. The Director may reconsider, and modify or set aside, a decision of the Trade- mark Trial and Appeal Board under this section. (July 5, 1946, ch. 540, title I, § 20, 60 Stat. 435; Pub. L. 85–609, § 1(b), Aug. 8, 1958, 72 Stat. 540; Pub. L. 116–260, div. Q, title II, §§ 225(d)(1), 228(a)(2), Dec. 27, 2020, 134 Stat. 2207, 2210.) Editorial Notes PRIOR PROVISIONS Act Feb. 20, 1905, ch. 592, §§ 8, 13, 33 Stat. 726, 728. AMENDMENTS 2020—Pub. L. 116–260, § 228(a)(2), inserted ‘‘The Direc- tor may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.’’ at end. Pub. L. 116–260, § 225(d)(1), inserted ‘‘or a final deci- sion by an examiner in an ex parte expungement pro- ceeding or ex parte reexamination proceeding’’ after ‘‘registration of marks’’. 1958—Pub. L. 85–609 substituted ‘‘Trademark Trial and Appeal Board’’ for ‘‘Commissioner in person’’ and ‘‘fee’’ for ‘‘fees’’, and struck out ‘‘of interferences or’’ after ‘‘examiner in charge’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by section 225(d)(1) of div. Q of Pub. L. 116–260 effective upon the expiration of the 1-year pe- riod beginning on Dec. 27, 2020, and applicable to any mark registered before, on, or after that effective date, see section 225(g) of div. Q of Pub. L. 116–260, set out as a note under section 1064 of this title. EFFECTIVE DATE OF 1958 AMENDMENT For effective date and applicability of amendment by Pub. L. 85–609, see section 3 of Pub. L. 85–609, set out as a note under section 1067 of this title. REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chap- ter on pending proceedings and existing registrations and rights under prior acts, see notes set out under sec- tion 1051 of this title. CONSTRUCTION OF 2020 AMENDMENT For construction of amendment made by section 228(a)(2) of div. Q of Pub. L. 116–260 regarding Director’s authority before Dec. 27, 2020, and authority with re- spect to particular decisions, see section 228(b) of div. Q of Pub. L. 116–260, set out as a note under section 1068 of this title. REORGANIZATION PLAN NO. 5 OF 1950 Amendment by Pub. L. 85–609 as subject to Reorga- nization Plan No. 5 of 1950, see note set out under sec- tion 1067 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. § 1071. Appeal to courts (a) Persons entitled to appeal; United States Court of Appeals for the Federal Circuit; waiver of civil action; election of civil action by adverse party; procedure (1) An applicant for registration of a mark, party to an interference proceeding, party to an opposition proceeding, party to an application to register as a lawful concurrent user, party to a cancellation proceeding, a registrant who has filed an affidavit as provided in section 1058 of this title or section 1141k of this title, an appli- cant for renewal, or a registrant subject to an ex parte expungement proceeding or an ex parte re- examination proceeding, who is dissatisfied with the decision of the Director or Trademark Trial and Appeal Board, may appeal to the United States Court of Appeals for the Federal Circuit thereby waiving his right to proceed under sub- section (b) of this section: Provided, That such appeal shall be dismissed if any adverse party to the proceeding, other than the Director, shall, within twenty days after the appellant has filed notice of appeal according to paragraph (2) of this subsection, files notice with the Director that he elects to have all further proceedings conducted as provided in subsection (b) of this section. Thereupon the appellant shall have thirty days thereafter within which to file a civil action under subsection (b) of this section, in default of which the decision appealed from shall govern the further proceedings in the case. (2) When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the United States Pat-