Source
(July 5, 1946, ch. 540, title I, § 15, 60 Stat. 433; Pub. L. 87–772, § 10, Oct. 9, 1962, 76 Stat. 771; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97–247, § 10, Aug. 27, 1982, 96 Stat. 320; Pub. L. 100–667, title I, § 116, 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.)
References in Text
Acts March 3, 1881 and February 20, 1905, referred to in text, are acts Mar. 3, 1881, ch. 138,
21 Stat. 502 and Feb. 20, 1905, ch. 592,
33 Stat. 724, which were repealed insofar as inconsistent with this chapter by act July 5, 1946, ch. 540, § 46(a),
60 Stat. 444. Act Feb. 20, 1905, was classified to sections
81 to
109 of this title.
Amendments
1999—
Pub. L. 106–113 substituted “Director” for “Commissioner” in par. (3) and in two places in concluding provisions.
1988—
Pub. L. 100–667, in introductory provisions, substituted “paragraphs (3) and (5)” for “subsections (c) and (e)”, in par. (3) “paragraphs” for “subsections”, and in par. (4) “the generic name for the goods or services or a portion thereof, for which it is registered” for “the common descriptive name of any article or substance, patented or otherwise”.
1982—
Pub. L. 97–247 substituted “registration” for “the publication” in provision preceding par. (1).
1975—Par. (2).
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
1962—
Pub. L. 87–772 substituted “(c) and (e) of section
1064” for “(c) and (d) of section
1064” in provision preceding par. (1), and struck out “or trade name” after “in a mark” in par. (4).
Effective Date of 1999 Amendment
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 section
1 of Title
35, Patents.
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 section
1051 of this title.
Effective Date of 1982 Amendment
Amendment by
Pub. L. 97–247 effective six months after Aug. 27, 1982, see section 17(c) of
Pub. L. 97–247, set out as a note under section
294 of Title
35, Patents.
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 section
1111 of 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 section
1051 of this title.
Transfer of Functions
For 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.