Notes on 15 U.S.C. § 1057 : US Code - Notes

Search Notes on 15 U.S.C. § 1057 : US Code - Notes

(July 5, 1946, ch. 540, title I, Sec. 7, 60 Stat. 430; Aug. 17,
1950, ch. 733, 64 Stat. 459; Pub. L. 87-772, Sec. 4, Oct. 9, 1962,
76 Stat. 769; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949;
Pub. L. 100-667, title I, Sec. 109, Nov. 16, 1988, 102 Stat. 3938;
Pub. L. 105-330, title II, Sec. 201(a)(3), Oct. 30, 1998, 112 Stat.
3070; 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
Subsecs. (a) and (c) are from acts Feb. 20, 1905, ch. 592, Sec.
11, 33 Stat. 727; Mar. 4, 1925, ch. 535, Sec. 3, 43 Stat. 1269.
Subsec. (e) is from act Mar. 19, 1920, ch. 104, Sec. 7, 41 Stat.
535.
Subsec. (f) is from act Mar. 4, 1925, ch. 535, Sec. 1, 43 Stat.
1268.
AMENDMENTS
1999 - Subsecs. (a), (d) to (h). Pub. L. 106-113 substituted
"Director" for "Commissioner" wherever appearing.
1998 - Subsec. (a). Pub. L. 105-330 struck out second period at
end of first sentence.
1988 - Subsec. (b). Pub. L. 100-667, Sec. 109(1), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as follows: "A
certificate of registration of a mark upon the principal register
provided by this chapter shall be prima facie evidence of the
validity of the registration, registrant's ownership of the mark,
and of registrant's exclusive right to use the mark in commerce in
connection with the goods or services specified in the certificate,
subject to any conditions and limitations stated therein."
Subsec. (c). Pub. L. 100-667, Sec. 109(3), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 100-667, Sec. 109(2), (4), redesignated
former subsec. (c) as (d) and substituted "prescribed fee" for "fee
herein provided". Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 100-667, Sec. 109(2), redesignated former
subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 100-667, Sec. 109(2), (5), redesignated
former subsec. (e) as (f) and substituted "prescribed fee" for "fee
required by law". Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 100-667, Sec. 109(2), redesignated former
subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 100-667, Sec. 109(2), (6), redesignated
former subsec. (g) as (h) and substituted "prescribed fee" for
"required fee".
1975 - Subsecs. (a), (c) to (f). Pub. L. 93-596 substituted
"Patent and Trademark Office" for "Patent Office".
1962 - Subsec. (a). Pub. L. 87-772 substituted "signature placed"
for "name printed", and struck out provisions requiring an
attestation by an assistant commissioner or by one of the law
examiners designated by the Commissioner, together with printed
copies of the drawing and statement of the applicant, to be kept in
books for that purpose.
Subsec. (d). Pub. L. 87-772, among other charges, removed the
requirement of a fee in connection with the voluntary surrender or
cancellation of a registration.
Subsec. (e). Pub. L. 87-772 substituted "an employee of the
Office" for "a chief of division", among other changes.
Subsec. (f). Pub. L. 87-772, among other changes, struck out ",
signed by the Commissioner and sealed with the seal of the Patent
Office" after "nature of such mistake".
1950 - Subsec. (a). Act Aug. 17, 1950, made it unnecessary to
include in the certificate a statement of the applicant.
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 Oct. 30, 1998, and
applicable only to any civil action filed or proceeding before the
United States Patent and Trademark Office commenced on or after
such date relating to the registration of a mark, see section
201(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.