
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: 15USC1092]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                SUBCHAPTER II--THE SUPPLEMENTAL REGISTER
 
Sec. 1092. Publication; not subject to opposition; cancellation

    Marks for the supplemental register shall not be published for or be 
subject to opposition, but shall be published on registration in the 
Official Gazette of the Patent and Trademark Office. Whenever any person 
believes that he is or will be damaged by the registration of a mark on 
this register, including as a result of dilution under section 1125(c) 
of this title, he may at any time, upon payment of the prescribed fee 
and the filing of a petition stating the ground therefor, apply to the 
Director to cancel such registration. The Director shall refer such 
application to the Trademark Trial and Appeal Board which shall give 
notice thereof to the registrant. If it is found after a hearing before 
the Board that the registrant is not entitled to registration, or that 
the mark has been abandoned, the registration shall be canceled by the 
Director. 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 II, Sec. 24, 60 Stat. 436; Pub. L. 85-609, 
Sec. 1(d), Aug. 8, 1958, 72 Stat. 540; Pub. L. 87-772, Sec. 14, Oct. 9, 
1962, 76 Stat. 773; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949; 
Pub. L. 100-667, title I, Sec. 122, Nov. 16, 1988, 102 Stat. 3943; Pub. 
L. 106-43, Sec. 2(d), Aug. 5, 1999, 113 Stat. 218; 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 Mar. 19, 1920, ch. 104, Sec. 2, 41 Stat. 534.


                               Amendments

    1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner'' 
wherever appearing.
    Pub. L. 106-43 inserted ``, including as a result of dilution under 
section 1125(c) of this title,'' after ``register'' in second sentence.
    1988--Pub. L. 100-667 struck out ``verified'' after ``filing of a'', 
substituted ``is not entitled to registration,'' for ``was not entitled 
to register the mark at the time of his application for registration 
thereof,'' struck out ``is not used by the registrant or'' after ``that 
the mark'', and inserted provision that no final judgment be entered 
before mark is registered if applicant cannot prevail without 
establishing constructive use.
    1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for 
``Patent Office''.
    1962--Pub. L. 87-772 provided for payment of the prescribed fee and 
the filing of a verified petition.
    1958--Pub. L. 85-609 substituted provisions requiring the 
Commissioner to refer applications to the Trademark Trial and Appeal 
Board for provisions which required referral to the examiner in charge 
of interferences.


                    Effective Date of 1999 Amendments

    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.
    Amendment by Pub. L. 106-43 effective Aug. 5, 1999, and applicable 
only to any application for registration filed on or after Jan. 16, 
1996, see section 2(e) of Pub. L. 106-43, set out as a note under 
section 1052 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.


                    Effective Date of 1958 Amendment

    For effective date and applicability of amendment by Pub. L. 85-609, 
see section 3 of Pub. L. 85-609, set out as a note under section 1067 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.


                    Reorganization Plan No. 5 of 1950

    Amendment by Pub. L. 85-609 as subject to Reorganization Plan No. 5 
of 1950, see note set out under section 1067 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1052 of this title.
