15 U.S.C. § 1092 — Publication; not subject to opposition; cancellation
submitted 80 years ago by ch. 540 to r/title-15-COMMERCE-AND-TRADE · 245 words · no verdicts yet
Marks on the supplemental register are published when registered and are not published for opposition beforehand. A person who believes such a registration harms them may petition to cancel it on specified grounds.
Marks on the supplemental register are not published for opposition and are not subject to opposition. Instead, they are published when registered in the Patent and Trademark Office’s Official Gazette. If a person believes registration of a supplemental-register mark harms, or will harm, that person, the person may at any time pay the required fee and file a petition with the Director stating the reason for cancellation if (1) the mark’s effective filing date is after the date the person’s mark became famous and the registration would likely cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title, or (2) the challenge is based on a reason other than dilution by blurring or dilution by tarnishment. The Director must send the petition to the Trademark Trial and Appeal Board, which must notify the registrant. After a hearing, if the Board finds that the registrant was not entitled to registration or that the mark was abandoned, the Director must cancel the registration unless the Director reconsiders, changes, or sets aside the Board’s decision. However, before the mark is registered, no final judgment may be entered for an applicant under section 1051(b) of this title if the applicant cannot win without establishing constructive use under section 1057(c) of this title.
Marks for the supplemental register shall not be published for or be subject to opposition, but shall be published on registration in the Official Gazette of the Patent and Trademark Office.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 such person is or will be damaged by the registration of a mark on the supplemental register—
for which the effective filing date is after the date on which such person’s mark became famous and which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title; or
on grounds other than dilution by blurring or dilution by tarnishment,
such person 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, unless the Director reconsiders the decision of the Board, and modifies or sets aside, such decision. 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.
Source credit: (July 5, 1946, ch. 540, title II, § 24, 60 Stat. 436; Pub. L. 85–609, § 1(d), Aug. 8, 1958, 72 Stat. 540; Pub. L. 87–772, § 14, Oct. 9, 1962, 76 Stat. 773; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100–667, title I, § 122, Nov. 16, 1988, 102 Stat. 3943; Pub. L. 106–43, § 2(d), 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(d), Oct. 6, 2006, 120 Stat. 1732; Pub. L. 116–260, div. Q, title II, § 228(a)(3), Dec. 27, 2020, 134 Stat. 2210.)
- 1946Enacted · Act of July 5, 1946, ch. 540 · 60 Stat. 436
- 1958Amended · Pub. L. 85-609 · 72 Stat. 540
- 1962Amended · Pub. L. 87-772 · 76 Stat. 773
- 1975Amended · Pub. L. 93-596 · 88 Stat. 1949
- 1988Amended · Pub. L. 100-667 · 102 Stat. 3943
- 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
- 2020Amended · Pub. L. 116-260 · 134 Stat. 2210
A history note hasn’t been published yet. The record shows enactment by ch. 540 on 1946-07-05.
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