
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: 15USC1067]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                  SUBCHAPTER I--THE PRINCIPAL REGISTER
 
Sec. 1067. Interference, opposition, and proceedings for 
        concurrent use registration or for cancellation; notice; 
        Trademark Trial and Appeal Board
        
    (a) In every case of interference, opposition to registration, 
application to register as a lawful concurrent user, or application to 
cancel the registration of a mark, the Director shall give notice to all 
parties and shall direct a Trademark Trial and Appeal Board to determine 
and decide the respective rights of registration.
    (b) The Trademark Trial and Appeal Board shall include the Director, 
the Commissioner for Patents, the Commissioner for Trademarks, and 
administrative trademark judges who are appointed by the Director.

(July 5, 1946, ch. 540, title I, Sec. 17, 60 Stat. 434; Pub. L. 85-609, 
Sec. 1(a), Aug. 8, 1958, 72 Stat. 540; Pub. L. 93-596, Sec. 1, Jan. 2, 
1975, 88 Stat. 1949; Pub. L. 96-455, Sec. 1, Oct. 15, 1980, 94 Stat. 
2024; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4716], 
Nov. 29, 1999, 113 Stat. 1536, 1501A-580.)


                            Prior Provisions

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


                               Amendments

    1999--Pub. L. 106-113 amended section generally. Prior to amendment, 
section read as follows:
    ``In every case of interference, opposition to registration, 
application to register as a lawful concurrent user, or application to 
cancel the registration of a mark, the Commissioner shall give notice to 
all parties and shall direct a Trademark Trial and Appeal Board to 
determine and decide the respective rights of registration.
    ``The Trademark Trial and Appeal Board shall include the 
Commissioner, the Deputy Commissioner, the Assistant Commissioners, and 
members appointed by the Commissioner. Employees of the Patent and 
Trademark Office and other persons, all of whom shall be competent in 
trademark law, shall be eligible for appointment as members. Each case 
shall be heard by at least three members of the Board, the members 
hearing such case to be designated by the Commissioner.''
    1980--Pub. L. 96-455 inserted provisions requiring that the 
Trademark Trial and Appeal Board include the Deputy Commissioner and 
members appointed by the Commissioner and provisions that employees of 
the Patent and Trademark Office and other persons, all of whom shall be 
competent in trademark law, shall be eligible for appointment as 
members; and struck out provision that the Board include Patent and 
Trademark Office employees, designated by the Commissioner and whose 
qualifications have been approved by the Civil Service Commission as 
being adequate for appointment to the position of examiner in charge of 
interferences.
    1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for 
``Patent Office''.
    1958--Pub. L. 85-609 substituted ``a Trademark Trial and Appeal 
Board'' for ``the examiner in charge of interferences'' in first 
paragraph, and inserted second paragraph relating to the composition of 
the Board.


                    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 1980 Amendment; Board Membership as of October 15, 
                            1980, Unaffected

    Section 2 of Pub. L. 96-455 provided that: ``This amendment 
[amending this section] shall become effective on the date of its 
enactment [Oct. 15, 1980]. Members of the Trademark Trial and Appeal 
Board on the date of enactment shall continue to be members under and in 
accordance with the provisions of section 17 of the Act of July 5, 1946, 
as amended [this section], in effect immediately preceding the date of 
enactment.''


                    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.


                    Effective Date of 1958 Amendment

    Section 3 of Pub. L. 85-609 provided that: ``This Act [amending this 
section and sections 1070, 1071, 1092, and 1113 of this title] shall 
take effect on approval [Aug. 8, 1958]; it shall apply to ex parte 
appeals taken to the Commissioner prior to the date of approval which 
have not been heard but shall not apply to any such appeal which has 
been heard or decided in which event further proceedings may be had as 
though this Act had not been passed; it shall apply to inter partes 
cases instituted prior to the date of approval which have not been heard 
by an examiner of interferences, but shall not apply to any such case 
which has been heard or decided by an examiner of interferences in which 
event further proceedings may be had as though this Act had not 
passed.''


                  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.


                    Reorganization Plan No. 5 of 1950

    Section 2 of Pub. L. 85-609 provided that: ``The provisions of this 
Act [amending this section and sections 1070, 1071, 1092, and 1113 of 
this title] shall be subject to Reorganization Plan No. 5 of 1950 (64 
Stat. 1263).''

                  Section Referred to in Other Sections

    This section is referred to in section 1094 of this title.
