Notes on 15 U.S.C. § 1058 : US Code - Notes
Search Notes on 15 U.S.C. § 1058 : US Code - Notes
(July 5, 1946, ch. 540, title I, Sec. 8, 60 Stat. 431; Pub. L. 93-
596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97-247, Sec. 8,
Aug. 27, 1982, 96 Stat. 320; Pub. L. 100-667, title I, Sec. 110,
Nov. 16, 1988, 102 Stat. 3939; Pub. L. 105-330, title I, Sec. 105,
Oct. 30, 1998, 112 Stat. 3066; Pub. L. 106-113, div. B, Sec.
1000(a)(9) [title IV, Sec. 4732(b)(1)(B), (C)], Nov. 29, 1999, 113
Stat. 1536, 1501A-583; Pub. L. 107-273, div. C, title III, Sec.
13207(b)(3), Nov. 2, 2002, 116 Stat. 1906.)
PRIOR PROVISIONS
Act Feb. 20, 1905, ch. 592, Sec. 12, 33 Stat. 727.
AMENDMENTS
2002 - Subsec. (f). Pub. L. 107-273 amended subsec. (f)
generally. Prior to amendment, text read as follows: "If the
registrant is not domiciled in the United States, the registrant
shall designate by a written document filed in the Patent and
Trademark Office the name and address of some person resident in
the United States on whom may be served notices or process in
proceedings affecting the mark. Such notices or process may be
served upon the person so designated by leaving with that person or
mailing to that person a copy thereof at the address specified in
the last designation so filed. If the person so designated cannot
be found at the address given in the last designation, such notice
or process may be served upon the Director."
1999 - Subsecs. (a) to (c). Pub. L. 106-113, Sec. 1000(a)(9)
[title IV, Sec. 4732(b)(1)(B)], substituted "Director" for
"Commissioner" wherever appearing.
Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.
4732(b)(1)(B), (C)], amended subsec. (e) identically, substituting
"Director" for "Commissioner".
Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.
4732(b)(1)(B)], substituted "Director" for "Commissioner".
1998 - Pub. L. 105-330 amended section catchline and text
generally. Prior to amendment, text consisted of subsecs. (a) to
(c) relating to affidavits of continuing use, registrations
published under other provisions of law, and notification of
acceptance or refusal of affidavits.
1988 - Subsec. (a). Pub. L. 100-667 substituted "ten" for
"twenty" and "setting forth those goods or services recited in the
registration on or in connection with which the mark is in use in
commerce and attaching to the affidavit a specimen or facsimile
showing current use of the mark, or showing that any" for "showing
that said mark is in use in commerce or showing that its".
1982 - Subsecs. (a), (b). Pub. L. 97-247 struck out "still" after
"showing that said mark is", and inserted "in commerce" after
"use".
1975 - Subsecs. (a), (b). Pub. L. 93-596 substituted "Patent and
Trademark Office" for "Patent Office".
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 on the date that is 1 year
after Oct. 30, 1998, see section 110 of Pub. L. 105-330, set out as
a note under section 1051 of this title.
Pub. L. 105-330, title I, Sec. 109(a), Oct. 30, 1998, 112 Stat.
3069, provided that: "The provisions of section 8 of the Trademark
Act of 1946 [15 U.S.C. 1058], as amended by section 105 of this
Act, shall apply to a registration for trademark issued or renewed
for a 20-year term, if the expiration date of the registration is
on or after the effective date of this Act [probably should be
"this title", see section 110 of Pub. L. 105-330, set out as an
Effective Date of 1998 Amendment note under section 1051 of this
title]."
For provisions relating to applicability of amendment by Pub. L.
105-330 to applications for registration of trademarks, see section
109(b) of Pub. L. 105-330, set out as a note under section 1051 of
this title.
Pub. L. 105-330, title I, Sec. 109(c), Oct. 30, 1998, 112 Stat.
3069, provided that: "The provisions of section 8 of the Trademark
Act of 1946 [15 U.S.C. 1058], as amended by section 105 of this
Act, shall apply to the filing of an affidavit if the sixth or
tenth anniversary of the registration, or the sixth anniversary of
publication of the registration under section 12(c) of the
Trademark Act of 1946 [15 U.S.C. 1062(c)], for which the affidavit
is filed is on or after the effective date of this Act [probably
should be "this title", see section 110 of Pub. L. 105-330, set out
as an Effective Date of 1998 Amendment 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 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.
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, and saving clause, 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.
REFERENCES TO TRADEMARK ACT OF 1946
Pub. L. 105-330, title I, Sec. 102, Oct. 30, 1998, 112 Stat.
3064, provided that: "For purposes of this title [see Short Title
of 1998 Amendment note set out under section 1051 of this title],
the Act entitled 'An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes', approved July 5, 1946 (15 U.S.C. 1051 et seq.), shall be
referred to as the 'Trademark Act of 1946'."
PENDING APPLICATIONS
Act July 5, 1946, ch. 540, title XI, Sec. 51, as added Nov. 16,
1988, Pub. L. 100-667, title I, Sec. 135, 102 Stat. 3948, provided
that: "All certificates of registration based upon applications for
registration pending in the Patent and Trademark Office on the
effective date of the Trademark Law Revision Act of 1988 [see
Effective Date of 1988 Amendment note set out under section 1051 of
this title] shall remain in force for a period of 10 years."
(!1) So in original. Probably should be "Director's".