Notes on 15 U.S.C. § 1059 : US Code - Notes

Search Notes on 15 U.S.C. § 1059 : US Code - Notes

(July 5, 1946, ch. 540, title I, Sec. 9, 60 Stat. 431; Pub. L. 87-
772, Sec. 5, Oct. 9, 1962, 76 Stat. 770; Pub. L. 100-667, title I,
Sec. 111, Nov. 16, 1988, 102 Stat. 3939; Pub. L. 105-330, title I,
Sec. 106, Oct. 30, 1998, 112 Stat. 3067; 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)(4), Nov. 2, 2002, 116 Stat. 1907.)
PRIOR PROVISIONS
Act Feb. 20, 1905, ch. 592, Sec. 12, 33 Stat. 727.
AMENDMENTS
2002 - Subsec. (c). Pub. L. 107-273 amended subsec. (c)
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 - Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(b)(1)(B)], substituted "Director" for "Commissioner".
Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.
4732(b)(1)(B), (C)], amended subsec. (b) identically, substituting
"Director" for "Commissioner" in two places.
Subsec. (c). 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 period of renewal and time for renewal,
notification of refusal of renewal, and applicants for renewal not
domiciled in the United States.
1988 - Subsec. (a). Pub. L. 100-667, Sec. 111(1), substituted
"ten" for "twenty".
Subsec. (c). Pub. L. 100-667, Sec. 111(2), substituted "1051(e)"
for "1051(d)".
1962 - Pub. L. 87-772 designated existing provisions as subsecs.
(a) and (c), added subsec. (b), and among other changes, amended
subsec. (a) by substituting provisions requiring a verified
application specifying the goods or services recited in the
registration on or in connection with which the mark is still in
use in commerce and having attached a specimen showing current use
of the mark, or showing that any nonuse is due to special
circumstances which excuse the nonuse and that it's not due to an
intention to abandon the mark, for provisions requiring an
affidavit by the registrant stating that the mark is still in use
in commerce.
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.
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(d), Oct. 30, 1998, 112 Stat.
3069, provided that: "The amendment made by section 106 [amending
this section] shall apply to the filing of an application for
renewal of a registration if the expiration date of the
registration for which the renewal application 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.
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.
RENEWAL UNDER PRIOR ACTS
Renewal of registrations under prior acts, see section 46(b) of
act July 5, 1946, set out as a note under section 1051 of this
title.
EXTENSION OF TIME FOR RENEWAL BY FOREIGN REGISTRANT
Act July 17, 1946, ch. 587, 60 Stat. 568, provided for extension
of time for renewal by a foreign registrant and expired by its own
terms July 17, 1949.
(!1) So in original. Probably should be "Director's".