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15 U.S.C. § 1066 — Interference; declaration by Director

submitted 80 years ago by ch. 540 to r/title-15-COMMERCE-AND-TRADE · 93 words · no verdicts yet

in plain englishAI-generated · not legal advice

In extraordinary circumstances, the Director may declare an interference between confusingly similar trademark applications or registrations. The Director may not declare one involving a mark whose right to use has become incontestable.

After a petition showing extraordinary circumstances, the Director may declare an interference when an application seeks to register a mark so similar to another person’s earlier registration or application that use with the applicant’s goods or services would likely cause confusion, mistake, or deception. The Director may not declare an interference between an application and a registration whose right to use has become incontestable.
the actual law source: uscode.house.gov ↗public domain

Upon petition showing extraordinary circumstances, the Director may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when used on or in connection with the goods or services of the applicant to cause confusion or mistake or to deceive. No interference shall be declared between an application and the registration of a mark the right to the use of which has become incontestable.

Source credit: (July 5, 1946, ch. 540, title I, § 16, 60 Stat. 434; Pub. L. 87–772, § 11, Oct. 9, 1962, 76 Stat. 771; Pub. L. 97–247, § 11, Aug. 27, 1982, 96 Stat. 321; Pub. L. 100–667, title I, § 117, Nov. 16, 1988, 102 Stat. 3941; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.)

history & why it existsrecord from the source credit
  • 1946Enacted · Act of July 5, 1946, ch. 540 · 60 Stat. 434
  • 1962Amended · Pub. L. 87-772 · 76 Stat. 771
  • 1982Amended · Pub. L. 97-247 · 96 Stat. 321
  • 1988Amended · Pub. L. 100-667 · 102 Stat. 3941
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501

A history note hasn’t been published yet. The record shows enactment by ch. 540 on 1946-07-05.

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