
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: 15USC1068]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                  SUBCHAPTER I--THE PRINCIPAL REGISTER
 
Sec. 1068. Action of Director in interference, opposition, and 
        proceedings for concurrent use registration or for cancellation
        
    In such proceedings the Director may refuse to register the opposed 
mark, may cancel the registration, in whole or in part, may modify the 
application or registration by limiting the goods or services specified 
therein, may otherwise restrict or rectify with respect to the register 
the registration of a registered mark, may refuse to register any or all 
of several interfering marks, or may register the mark or marks for the 
person or persons entitled thereto, as the rights of the parties under 
this chapter may be established in the proceedings: Provided, That in 
the case of the registration of any mark based on concurrent use, the 
Director shall determine and fix the conditions and limitations provided 
for in subsection (d) of section 1052 of this title. However, no final 
judgment shall be entered in favor of an applicant under section 1051(b) 
of this title before the mark is registered, if such applicant cannot 
prevail without establishing constructive use pursuant to section 
1057(c) of this title.

(July 5, 1946, ch. 540, title I, Sec. 18, 60 Stat. 434; Pub. L. 100-667, 
title I, Sec. 118, 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, Secs. 7, 13, 33 Stat. 726, 728.


                               Amendments

    1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner'' 
in two places.
    1988--Pub. L. 100-667 substituted ``the registration, in whole or in 
part, may modify the application or registration by limiting the goods 
or services specified therein, may otherwise restrict or rectify with 
respect to the register'' for ``or restrict'', and ``may refuse'' for 
``or may refuse'', and inserted provisions that no final judgment be 
entered before mark is registered if applicant cannot prevail without 
establishing constructive use.


                    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.


                  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 section 1094 of this title.
