
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1062]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                  SUBCHAPTER I--THE PRINCIPAL REGISTER
 
Sec. 1062. Publication


(a) Examination and publication

    Upon the filing of an application for registration and payment of 
the prescribed fee, the Director shall refer the application to the 
examiner in charge of the registration of marks, who shall cause an 
examination to be made and, if on such examination it shall appear that 
the applicant is entitled to registration, or would be entitled to 
registration upon the acceptance of the statement of use required by 
section 1051(d) of this title, the Director shall cause the mark to be 
published in the Official Gazette of the Patent and Trademark Office: 
Provided, That in the case of an applicant claiming concurrent use, or 
in the case of an application to be placed in an interference as 
provided for in section 1066 of this title the mark, if otherwise 
registrable, may be published subject to the determination of the rights 
of the parties to such proceedings.

(b) Refusal of registration; amendment of application; abandonment

    If the applicant is found not entitled to registration, the examiner 
shall advise the applicant thereof and of the reasons therefor. The 
applicant shall have a period of six months in which to reply or amend 
his application, which shall then be reexamined. This procedure may be 
repeated until (1) the examiner finally refuses registration of the mark 
or (2) the applicant fails for a period of six months to reply or amend 
or appeal, whereupon the application shall be deemed to have been 
abandoned, unless it can be shown to the satisfaction of the Director 
that the delay in responding was unintentional, whereupon such time may 
be extended.

(c) Republication of marks registered under prior acts

    A registrant of a mark registered under the provisions of the Act of 
March 3, 1881, or the Act of February 20, 1905, may, at any time prior 
to the expiration of the registration thereof, upon the payment of the 
prescribed fee file with the Director an affidavit setting forth those 
goods stated in the registration on which said mark is in use in 
commerce and that the registrant claims the benefits of this chapter for 
said mark. The Director shall publish notice thereof with a reproduction 
of said mark in the Official Gazette, and notify the registrant of such 
publication and of the requirement for the affidavit of use or nonuse as 
provided for in subsection (b) of section 1058 of this title. Marks 
published under this subsection shall not be subject to the provisions 
of section 1063 of this title.

(July 5, 1946, ch. 540, title I, Sec. 12, 60 Stat. 432; Pub. L. 87-772, 
Sec. 7, Oct. 9, 1962, 76 Stat. 770; Pub. L. 93-596, Sec. 1, Jan. 2, 
1975, 88 Stat. 1949; Pub. L. 100-667, title I, Sec. 113, Nov. 16, 1988, 
102 Stat. 3940; Pub. L. 105-330, title I, Sec. 104, Oct. 30, 1998, 112 
Stat. 3066; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, 
Sec. 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A-583.)

                       References in Text

    Acts March 3, 1881 and February 20, 1905, referred to in subsec. 
(c), are acts Mar. 3, 1881, ch. 138, 21 Stat. 502 and Feb. 20, 1905, ch. 
592, 33 Stat. 724, which were repealed insofar as inconsistent with this 
chapter by act July 5, 1946, ch. 540, Sec. 46(a), 60 Stat. 444. Act Feb. 
20, 1905, was classified to sections 81 to 109 of this title.


                            Prior Provisions

    Acts Feb. 20, 1905, ch. 592, Sec. 6, 33 Stat. 726; Mar. 2, 1907, ch. 
2573, Sec. 2, 34 Stat. 1252.


                               Amendments

    1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner'' 
wherever appearing.
    1998--Subsec. (b). Pub. L. 105-330 substituted ``unintentional'' for 
``unavoidable'' in last sentence.
    1988--Subsec. (a). Pub. L. 100-667 substituted ``prescribed fee'' 
for ``fee herein provided'', and ``entitled to registration, or would be 
entitled to registration upon the acceptance of the statement of use 
required by section 1051(d) of this title, the'' for ``entitled to 
registration, the''.
    1975--Subsec. (a). Pub. L. 93-596 substituted ``Patent and Trademark 
Office'' for ``Patent Office''.
    1962--Subsec. (a). Pub. L. 87-772 inserted proviso permitting 
publication of the mark in the case of an applicant claiming concurrent 
use, or an application to be placed in an interference, if such mark is 
otherwise registrable, subject to the determination of the rights of the 
parties.
    Subsec. (c). Pub. L. 87-772 inserted ``Marks published under'' 
before ``this subsection shall not be subject''.


                    Effective Date of 1999 Amendment

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


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-330 effective on the date that is 1 year 
after Oct. 30, 1998, see section 110 of Pub. L. 105-330, set out as a 
note under section 1051 of this title.
    For provisions relating to applicability of amendment by Pub. L. 
105-330 to applications for registration of trademarks, see section 
109(b) of Pub. L. 105-330, set out as a note under section 1051 of this 
title.


                    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 chapter on pending 
proceedings and existing registrations and rights under prior acts, see 
notes set out under section 1051 of this title.

                          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, 
Secs. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1058, 1063, 1064, 1065, 
1091, 1115 of this title.
