Marks for the supplemental register shall not be published for or be subject to opposition, but shall be published on registration in the Official Gazette of the Patent and Trademark Office.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-
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 sectionof this title before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to section of this title.
15 U.S.C. § 1092
PRIOR PROVISIONSAct Mar. 19, 1920, ch. 104, §2, 41 Stat. 534.
AMENDMENTS2020- Pub. L. 116-260 inserted ", unless the Director reconsiders the decision of the Board, and modifies or sets aside, such decision" after "shall be canceled by the Director" in concluding provisions.2006- Pub. L. 109-312 amended second sentence generally. Prior to amendment, second sentence read as follows: "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 sectionof 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 words following "tarnishment," in second sentence are shown as a flush provision notwithstanding directory language showing them as part of cl. (2), to reflect the probable intent of Congress.1999- Pub. L. 106-113 substituted "Director" for "Commissioner" wherever appearing. Pub. L. 106-43 inserted ", including as a result of dilution under section of this title," after "register" in second sentence. 1988- Pub. L. 100-667 struck out "verified" after "filing of a", substituted "is not entitled to registration," for "was not entitled to register the mark at the time of his application for registration thereof," struck out "is not used by the registrant or" after "that the mark", and inserted provision that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use. 1975- Pub. L. 93-596 substituted "Patent and Trademark Office" for "Patent Office".1962- Pub. L. 87-772 provided for payment of the prescribed fee and the filing of a verified petition.1958- Pub. L. 85-609 substituted provisions requiring the Commissioner to refer applications to the Trademark Trial and Appeal Board for provisions which required referral to the examiner in charge of interferences.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1999 AMENDMENTS Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106-113 set out as a note under sectionof Title 35, Patents.Amendment by Pub. L. 106-43 effective Aug. 5, 1999, and applicable only to any application for registration filed on or after Jan. 16, 1996, see section 2(e) of Pub. L. 106-43 set out as a note under section of this title.
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 sectionof this title.
EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596 set out as a note under sectionof this title.
EFFECTIVE DATE OF 1958 AMENDMENTFor 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 sectionof 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 sectionof this title.
CONSTRUCTION OF 2020 AMENDMENTFor construction of amendment made by Pub. L. 116-260 regarding Director's authority before Dec. 27, 2020, and authority with respect to particular decisions, see section 228(b) of div. Q of Pub. L. 116-260 set out as a note under sectionof this title.
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 sectionof this title.
TRANSFER OF FUNCTIONSFor 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, §§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.