15 U.S.C. § 1063 — Opposition to registration
submitted 80 years ago by ch. 540 to r/title-15-COMMERCE-AND-TRADE · 262 words · no verdicts yet
A person who believes registration of a mark would damage them may oppose the registration within the stated deadlines. If no successful opposition occurs, the mark is registered or the applicant receives a notice of allowance, depending on the application.
(a) A person who believes registration of a mark on the principal register would damage that person—including because the mark would likely cause dilution by blurring or tarnishment—may pay the required fee and file an opposition with the Patent and Trademark Office. The opposition must state its grounds and be filed within 30 days after publication under section 1062(a). A written request made before that period ends adds 30 days. The Director may grant further extensions for good cause if requested before an extension ends, and must notify the applicant of each extension. The Director may set conditions for amending an opposition.
(b) Unless the opposition succeeds: (1) a mark entitled to registration based on an application under section 1051(a) or 1126 is registered, a registration certificate is issued, and notice is published in the Official Gazette; or (2) if the application was filed under section 1051(b), the applicant receives a notice of allowance.
Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title, may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of section 1062 of this title of the mark sought to be registered. Upon written request prior to the expiration of the thirty-day period, the time for filing opposition shall be extended for an additional thirty days, and further extensions of time for filing opposition may be granted by the Director for good cause when requested prior to the expiration of an extension. The Director shall notify the applicant of each extension of the time for filing opposition. An opposition may be amended under such conditions as may be prescribed by the Director.
Unless registration is successfully opposed—
a mark entitled to registration on the principal register based on an application filed under section 1051(a) of this title or pursuant to section 1126 of this title shall be registered in the Patent and Trademark Office, a certificate of registration shall be issued, and notice of the registration shall be published in the Official Gazette of the Patent and Trademark Office; or
a notice of allowance shall be issued to the applicant if the applicant applied for registration under section 1051(b) of this title.
Source credit: (July 5, 1946, ch. 540, title I, § 13, 60 Stat. 433; Pub. L. 87–772, § 8, Oct. 9, 1962, 76 Stat. 771; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 93–600, § 1, Jan. 2, 1975, 88 Stat. 1955; Pub. L. 97–247, § 9(a), Aug. 27, 1982, 96 Stat. 320; Pub. L. 100–667, title I, § 114, Nov. 16, 1988, 102 Stat. 3940; Pub. L. 106–43, § 2(b), Aug. 5, 1999, 113 Stat. 218; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583; Pub. L. 109–312, § 3(b), Oct. 6, 2006, 120 Stat. 1732.)
- 1946Enacted · Act of July 5, 1946, ch. 540 · 60 Stat. 433
- 1962Amended · Pub. L. 87-772 · 76 Stat. 771
- 1975Amended · Pub. L. 93-596 · 88 Stat. 1949
- 1975Amended · Pub. L. 93-600 · 88 Stat. 1955
- 1982Amended · Pub. L. 97-247 · 96 Stat. 320
- 1988Amended · Pub. L. 100-667 · 102 Stat. 3940
- 1999Amended · Pub. L. 106-43 · 113 Stat. 218
- 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
- 2006Amended · Pub. L. 109-312 · 120 Stat. 1732
A history note hasn’t been published yet. The record shows enactment by ch. 540 on 1946-07-05.
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