15 U.S.C. § 1092 : US Code - Section 1092: Publication; not subject to opposition; cancellation
Search 15 U.S.C. § 1092 : US Code - Section 1092: Publication; not subject to opposition; cancellation
Marks for the supplemental register shall not be published for or
be subject to opposition, but shall be published on registration in
the Official Gazette of the Patent and Trademark Office. Whenever
any person believes that he is or will be damaged by the
registration of a mark on this register, including as a result of
dilution under section 1125(c) of this title, he may at any time,
upon payment of the prescribed fee and the filing of a petition
stating the ground therefor, apply to the Director to cancel such
registration. The Director shall refer such application to the
Trademark Trial and Appeal Board which shall give notice thereof to
the registrant. If it is found after a hearing before the Board
that the registrant is not entitled to registration, or that the
mark has been abandoned, the registration shall be canceled by the
Director. However, no final judgment shall be entered in favor of
an applicant under section 1051(b) of this title before the mark is
registered, if such applicant cannot prevail without establishing
constructive use pursuant to section 1057(c) of this title.
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Registration certificates for marks on principal and supplemental registers to be different