
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1066]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                  SUBCHAPTER I--THE PRINCIPAL REGISTER
 
Sec. 1066. Interference; declaration by Director

    Upon petition showing extraordinary circumstances, the Director 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 used on or in connection with the 
goods or services of the applicant to cause confusion or mistake or to 
deceive. No interference shall be declared between an application and 
the registration of a mark the right to the use of which has become 
incontestable.

(July 5, 1946, ch. 540, title I, Sec. 16, 60 Stat. 434; Pub. L. 87-772, 
Sec. 11, Oct. 9, 1962, 76 Stat. 771; Pub. L. 97-247, Sec. 11, Aug. 27, 
1982, 96 Stat. 321; Pub. L. 100-667, title I, Sec. 117, Nov. 16, 1988, 
102 Stat. 3941; 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.)


                            Prior Provisions

    Act Feb. 20, 1905, ch. 592, Sec. 7, 33 Stat. 726.


                               Amendments

    1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner''.
    1988--Pub. 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--Pub. 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--Pub. L. 87-772 struck out ``purchasers'' after ``or to 
deceive''.


                    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 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 1982 Amendment

    Amendment by Pub. L. 97-247 effective six months after Aug. 27, 
1982, see section 17(c) of Pub. 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.

                          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 1062, 1094 of this title.
