Notes on 15 U.S.C. § 1067 : US Code - Notes

Search Notes on 15 U.S.C. § 1067 : US Code - Notes

(July 5, 1946, ch. 540, title I, Sec. 17, 60 Stat. 434; Pub. L. 85-
609, Sec. 1(a), Aug. 8, 1958, 72 Stat. 540; Pub. L. 93-596, Sec.
1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 96-455, Sec. 1, Oct. 15,
1980, 94 Stat. 2024; Pub. L. 106-113, div. B, Sec. 1000(a)(9)
[title IV, Sec. 4716], Nov. 29, 1999, 113 Stat. 1536, 1501A-580;
Pub. L. 107-273, div. C, title III, Sec. 13203(a)(1), Nov. 2, 2002,
116 Stat. 1902.)
PRIOR PROVISIONS
Act Feb. 20, 1905, ch. 592, Sec. 7, 33 Stat. 726.
AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-273, which directed amendment of
subsec. (b) by inserting "the Deputy Commissioner," after
"Commissioner,", could not be executed because "Commissioner," does
not appear in text.
1999 - Pub. L. 106-113 amended section generally. Prior to
amendment, section read as follows:
"In every case of interference, opposition to registration,
application to register as a lawful concurrent user, or application
to cancel the registration of a mark, the Commissioner shall give
notice to all parties and shall direct a Trademark Trial and Appeal
Board to determine and decide the respective rights of
registration.
"The Trademark Trial and Appeal Board shall include the
Commissioner, the Deputy Commissioner, the Assistant Commissioners,
and members appointed by the Commissioner. Employees of the Patent
and Trademark Office and other persons, all of whom shall be
competent in trademark law, shall be eligible for appointment as
members. Each case shall be heard by at least three members of the
Board, the members hearing such case to be designated by the
Commissioner."
1980 - Pub. L. 96-455 inserted provisions requiring that the
Trademark Trial and Appeal Board include the Deputy Commissioner
and members appointed by the Commissioner and provisions that
employees of the Patent and Trademark Office and other persons, all
of whom shall be competent in trademark law, shall be eligible for
appointment as members; and struck out provision that the Board
include Patent and Trademark Office employees, designated by the
Commissioner and whose qualifications have been approved by the
Civil Service Commission as being adequate for appointment to the
position of examiner in charge of interferences.
1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"
for "Patent Office".
1958 - Pub. L. 85-609 substituted "a Trademark Trial and Appeal
Board" for "the examiner in charge of interferences" in first
paragraph, and inserted second paragraph relating to the
composition of the Board.
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 1980 AMENDMENT; BOARD MEMBERSHIP AS OF OCTOBER
15, 1980, UNAFFECTED
Section 2 of Pub. L. 96-455 provided that: "This amendment
[amending this section] shall become effective on the date of its
enactment [Oct. 15, 1980]. Members of the Trademark Trial and
Appeal Board on the date of enactment shall continue to be members
under and in accordance with the provisions of section 17 of the
Act of July 5, 1946, as amended [this section], in effect
immediately preceding the date of enactment."
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
Section 3 of Pub. L. 85-609 provided that: "This Act [amending
this section and sections 1070, 1071, 1092, and 1113 of this title]
shall take effect on approval [Aug. 8, 1958]; it shall apply to ex
parte appeals taken to the Commissioner prior to the date of
approval which have not been heard but shall not apply to any such
appeal which has been heard or decided in which event further
proceedings may be had as though this Act had not been passed; it
shall apply to inter partes cases instituted prior to the date of
approval which have not been heard by an examiner of interferences,
but shall not apply to any such case which has been heard or
decided by an examiner of interferences in which event further
proceedings may be had as though this Act had not passed."
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
Section 2 of Pub. L. 85-609 provided that: "The provisions of
this Act [amending this section and sections 1070, 1071, 1092, and
1113 of this title] shall be subject to Reorganization Plan No. 5
of 1950 (64 Stat. 1263)."