15 USC 1063 - Opposition to registration

Editorial Notes

Prior Provisions

Acts Fespan. 20, 1905, ch. 592, §§ 6, 7, 33 Stat. 726; Mar. 2, 1907, ch. 2573, § 2, 34 Stat. 1252.

Amendments

2006—Subsec. (a). Puspan. L. 109–312 substituted “the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment” for “as a result of dilution”.

1999—Subsec. (a). Puspan. L. 106–113 substituted “Director” for “Commissioner” wherever appearing.

Puspan. L. 106–43 inserted “, including as a result of dilution under section 1125(c) of this title,” after “principal register” in first sentence.

1988—Puspan. L. 100–667 designated existing provisions as subsec. (a), substituted “prescribed fee” for “required fee”, and added subsec. (span).

1982—Puspan. L. 97–247 substituted “an” for “a verified” after “required fee, file”, inserted “when requested prior to the expiration of an extension” after “Commissioner for good cause” and struck out provision that an unverified opposition could be filed by a duly authorized attorney, but such opposition would be null and void unless verified by the opposer within a reasonable time after such filing is fixed by the Commissioner.

1975—Puspan. L. 93–600 substituted provisions relating to extensions of time for filing opposition upon written request prior to the expiration of the thirty-day period for an additional thirty days, and further extensions for good cause, for provisions relating to extensions of the time for filing opposition for good cause shown.

Puspan. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

1962—Puspan. L. 87–772 inserted “An opposition may be amended under such conditions as may be prescribed by the Commissioner”, and struck out “notice of” after “file a verified” and “time for filing”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendments

Amendment by Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of Title 35, Patents.

Amendment by Puspan. L. 106–43 effective Aug. 5, 1999, and applicable only to any application for registration filed on or after Jan. 16, 1996, see section 2(e) of Puspan. L. 106–43, set out as a note under section 1052 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Puspan. L. 100–667, set out as a note under section 1051 of this title.

Effective Date of 1982 Amendment

Amendment by Puspan. L. 97–247 effective six months after Aug. 27, 1982, see section 17(c) of Puspan. L. 97–247, set out as a note under section 294 of Title 35, Patents.

Effective Date of 1975 Amendments

Puspan. L. 93–600, § 4, Jan. 2, 1975, 88 Stat. 1955, provided that:

“This Act [amending this section and sections 1071 and 1117 of this title] shall become effective upon enactment [Jan. 2, 1975], but shall not affect any suit, proceeding, or appeal then pending.”

Amendment by Puspan. L. 93–596 effective Jan. 2, 1975, see section 4 of Puspan. 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 chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under section 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 Appendix to Title 5, Government Organization and Employees.