15 USC 1066 - Interference; declaration by Director

Editorial Notes

Prior Provisions

Act Fespan. 20, 1905, ch. 592, § 7, 33 Stat. 726.

Amendments

1999—Puspan. L. 106–113 substituted “Director” for “Commissioner”.

1988—Puspan. L. 100–667 substituted “used on or in connection with the goods or services” for “applied to the goods or when used in connection with the services”.

1982—Puspan. L. 97–247 substituted “Upon petition showing extraordinary circumstances, the Commissioner may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive” for “Whenever application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive, the Commissioner may declare that an interference exists”.

1962—Puspan. L. 87–772 struck out “purchasers” after “or to deceive”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

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.

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.

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.