Notes on 15 U.S.C. § 1071 : US Code - Notes

Search Notes on 15 U.S.C. § 1071 : US Code - Notes

(July 5, 1946, ch. 540, title I, Sec. 21, 60 Stat. 435; July 19,
1952, ch. 950, Sec. 2, 66 Stat. 814; Pub. L. 85-609, Sec. 1(c),
Aug. 8, 1958, 72 Stat. 540; Pub. L. 87-772, Sec. 12, Oct. 9, 1962,
76 Stat. 771; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949;
Pub. L. 93-600, Sec. 2, Jan. 2, 1975, 88 Stat. 1955; Pub. L. 97-
164, title I, Sec. 162(1), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98-
620, title IV, Sec. 414(b), Nov. 8, 1984, 98 Stat. 3363; Pub. L.
100-667, title I, Sec. 120, Nov. 16, 1988, 102 Stat. 3942; 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.)
CODIFICATION
Pub. L. 93-596, which provided for the substitution of "Patent
and Trademark Office" for "Patent Office" each time appearing in
this chapter, became effective Jan. 2, 1975, as did Pub. L. 93-600,
which in the course of amending subsecs. (a)(3) and (4) of this
section, referred merely to "Patent Office". "Patent and Trademark
Office" has been substituted for "Patent Office" in subsecs. (a)(3)
and (4) on authority of Pub. L. 93-596.
PRIOR PROVISIONS
Acts Feb. 20, 1905, ch. 592, Secs. 9, 22, 33 Stat. 727, 729; Mar.
2, 1929, ch. 488, Sec. 2(b), 45 Stat. 1478.
AMENDMENTS
1999 - Pub. L. 106-113 substituted "Director" for "Commissioner"
wherever appearing.
1988 - Subsec. (a)(1). Pub. L. 100-667, Sec. 120(1), made
technical amendments to references in the original act to
subsection (b) of this section resulting in no change in text, and
substituted "paragraph (2) of this subsection" for "subsection
(a)(2) of this section" and "action under subsection" for "action
under said subsection".
Subsec. (a)(4). Pub. L. 100-667, Sec. 120(2), inserted provision
that no final judgment be entered before mark is registered if
applicant cannot prevail without establishing constructive use.
Subsec. (b)(1). Pub. L. 100-667, Sec. 120(3), made technical
amendments to references in the original act to subsection (a) of
this section resulting in no change in text and inserted provision
that no final judgment be entered before mark is registered if
applicant cannot prevail without establishing constructive use.
Subsec. (b)(3). Pub. L. 100-667, Sec. 120(4), amended first
sentence generally. Prior to amendment, first sentence read as
follows: "In all cases where there is no adverse party, a copy of
the complaint shall be served on the Commissioner; and all the
expenses of the proceedings shall be paid by the party bringing
them, whether the final decision is in his favor or not."
1984 - Subsec. (a)(2). Pub. L. 98-620 substituted provisions
requiring the appellant to file a written notice of appeal in the
Patent and Trademark Office directed to the Commissioner for
provisions requiring the appellant to file the notice of appeal
with the Commissioner, and struck out provision which required the
notice of appeal to specify the party or parties taking the appeal,
to designate the decision or part thereof appealed from, and to
state that the appeal was being taken to the United States Court of
Appeals for the Federal Circuit.
Subsec. (a)(3). Pub. L. 98-620 substituted provisions requiring
the Commissioner to transmit to the United States Court of Appeals
for the Federal Circuit a certified list of the documents
comprising the record in the Patent and Trademark Office for
provisions which required the Commissioner to transmit to the court
certified copies of all the necessary original papers and evidence
in the case specified by the appellant, and any additional papers
and evidence specified by the appellee, and inserted provision that
the court may request that the Commissioner forward the original or
certified copies of such documents during the pendency of the
appeal.
Subsec. (a)(4). Pub. L. 98-620 substituted provisions requiring
the court to review the decision from which the appeal is taken on
the record before the Patent and Trademark Office, and, upon its
determination, to issue its mandate and opinion to the Commissioner
for provisions which required the court to decide such appeal on
the evidence produced before the Patent and Trademark Office and to
return to the Commissioner a certificate of its proceedings and
decision.
1982 - Subsecs. (a)(1), (2), (b)(1). Pub. L. 97-164 substituted
"United States Court of Appeals for the Federal Circuit" for
"United States Court of Customs and Patent Appeals" and "Court of
Customs and Patent Appeals" wherever appearing.
1975 - Subsec. (a)(2). Pub. L. 93-600 substituted provisions
relating to filing of notice of appeal with the Commissioner and
the contents of such notice of appeal, for provisions relating to
giving notice of appeal to the Commissioner and requiring filing in
the Patent Office reasons for appeal.
Subsec. (a)(3). Pub. L. 93-600 inserted provision requiring the
Commissioner to furnish the court with a brief explaining the
grounds of the decision of the Office.
Pub. L. 93-596 substituted "Patent and Trademark Office" for
"Patent Office".
Subsec. (a)(4). Pub. L. 93-600 substituted "decide" for "hear and
determine" and struck out "Upon its determination," before "the
court shall return" and provision requiring the decision to be
confined to the points set forth in the reasons of appeal.
Pub. 93-596 substituted "Patent and Trademark Office" for "Patent
Office" in two places.
Subsec. (b)(3), (4). Pub. L. 93-596 substituted "Patent and
Trademark Office" for "Patent Office".
1962 - Pub. L. 87-772 amended section generally, and among other
changes, incorporated with necessary changes in language, the
various provisions of Title 35, Patents, relating to the procedure
of appeals to the Court of Customs and Patent Appeals and review by
civil action in patent cases, which had previously been
incorporated by reference only.
1958 - Pub. L. 85-609 authorized appeals by persons dissatisfied
with the decision of the Trademark Trial and Appeal Board, and
substituted "Trademark Trial and Appeal Board" for "Commissioner"
in proviso.
1952 - Act July 19, 1952, substituted references to new title 35
for repealed section of title 35.
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 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 1984 AMENDMENT
Amendment by Pub. L. 98-620 applicable to proceedings pending in
the Patent and Trademark Office on Nov. 8, 1984, and to appeals
pending in the United States Court of Appeals for the Federal
Circuit on that date, see section 414(c) of Pub. L. 98-620, set out
as a note under section 142 of Title 35, Patents.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of Title
28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1975 AMENDMENTS
Amendment by Pub. L. 93-600 effective Jan. 2, 1975, but not to
affect any suit, proceeding, or appeal then pending, see section 4
of Pub. L. 93-600, set out as a note under section 1063 of this
title.
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.