dreamproit/uscode huggingface dataset:
15 U.S.C. § 1061 (COMMERCE AND TRADE)
§ 1061. Execution of acknowledgments and verifications
Acknowledgments and verifications required under this chapter may be made before any person within the United States authorized by law to administer oaths, or, when made in a foreign country, before any diplomatic or consular officer of the United States or before any official authorized to administer oaths in the foreign country concerned whose authority is proved by a certificate of a diplomatic or consular officer of the United States, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States, and shall be valid if they comply with the laws of the state or country where made.
(July 5, 1946, ch. 540, title I, § 11, 60 Stat. 432; Pub. L. 97–247, § 14(c), Aug. 27, 1982, 96 Stat. 321.)
heading: Editorial Notes
heading: Prior Provisions
text: Acts Feb. 20, 1905, ch. 592, § 2, 33 Stat. 724; Feb. 18, 1909, ch. 144, 35 Stat. 627.
heading: Amendments
text: 1982—Pub. L. 97–247 substituted “is” for “shall be” after “whose authority”, and inserted “, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1982 Amendment
text: Amendment by Pub. L. 97–247 effective Aug. 27, 1982, see section 17(a) of Pub. L. 97–247, set out as a note under section 41 of Title 35, Patents.
heading: Repeal and Effect on Existing Rights
text: 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.
15 U.S.C. § 1069 (COMMERCE AND TRADE)
§ 1069. Application of equitable principles in inter partes proceedings
In all inter partes proceedings equitable principles of laches, estoppel, and acquiescence, where applicable may be considered and applied.
(July 5, 1946, ch. 540, title I, § 19, 60 Stat. 434; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100–667, title I, § 119, Nov. 16, 1988, 102 Stat. 3941.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–667 struck out at end “The provisions of this section shall also govern proceedings heretofore begun in the Patent and Trademark Office and not finally determined.”
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: 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.
heading: Effective Date of 1975 Amendment
text: 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.
heading: Repeal and Effect on Existing Rights
text: 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.
heading: Executive Documents
heading: Transfer of Functions
text: 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.
15 U.S.C. § 1072 (COMMERCE AND TRADE)
§ 1072. Registration as constructive notice of claim of ownership
Registration of a mark on the principal register provided by this chapter or under the Act of March 3, 1881, or the Act of February 20, 1905, shall be constructive notice of the registrant’s claim of ownership thereof.
(July 5, 1946, ch. 540, title I, § 22, 60 Stat. 435.)
heading: Editorial Notes
heading: References in Text
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.
heading: Statutory Notes and Related Subsidiaries
heading: Repeal and Effect on Existing Rights
text: 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.
15 U.S.C. § 1093 (COMMERCE AND TRADE)
§ 1093. Registration certificates for marks on principal and supplemental registers to be different
The certificates of registration for marks registered on the supplemental register shall be conspicuously different from certificates issued for marks registered on the principal register.
(July 5, 1946, ch. 540, title II, § 25, 60 Stat. 436.)
heading: Statutory Notes and Related Subsidiaries
heading: Repeal and Effect on Existing Rights
text: 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.
15 U.S.C. § 1094 (COMMERCE AND TRADE)
§ 1094. Provisions of chapter applicable to registrations on supplemental register
The provisions of this chapter shall govern so far as applicable applications for registration and registrations on the supplemental register as well as those on the principal register, but applications for and registrations on the supplemental register shall not be subject to or receive the advantages of sections 1051(b), 1052(e), 1052(f), 1057(b), 1057(c), 1062(a), 1063 to 1068, inclusive, 1072, 1115 and 1124 of this title.
(July 5, 1946, ch. 540, title II, § 26, 60 Stat. 436; Pub. L. 100–667, title I, § 123, Nov. 16, 1988, 102 Stat. 3943; Pub. L. 105–330, title II, § 201(a)(6), Oct. 30, 1998, 112 Stat. 3070; Pub. L. 116–260, div. Q, title II, § 225(e)(2), Dec. 27, 2020, 134 Stat. 2207.)
heading: Amendment of Section
text: Pub. L. 116–260, div. Q, title II, § 225(e)(2), (g), Dec. 27, 2020, 134 Stat. 2207, 2208, provided that, effective upon the expiration of the 1-year period beginning on Dec. 27, 2020, and applicable to any mark registered before, on, or after that effective date, this section is amended by adding at the end the following: “Registrations on the supplemental register shall be subject to ex parte expungement and ex parte reexamination under sections 1066a and 1066b of this title, respectively.” See 2020 Amendment note below.
heading: Editorial Notes
heading: Prior Provisions
text: Act Mar. 19, 1920, ch. 104, § 6, 41 Stat. 535.
heading: Amendments
text: 2020—Pub. L. 116–260 inserted “Registrations on the supplemental register shall be subject to ex parte expungement and ex parte reexamination under sections 1066a and 1066b of this title, respectively.” at end.
1998—Pub. L. 105–330 substituted “, 1057(c),” for “1057(c),,”.
1988—Pub. L. 100–667 inserted reference to sections 1051(b) and 1057(c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2020 Amendment
text: Amendment by Pub. L. 116–260 effective upon the expiration of the 1-year period beginning on Dec. 27, 2020, and applicable to any mark registered before, on, or after that effective date, see section 225(g) of div. Q of Pub. L. 116–260, set out as a note under section 1064 of this title.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–330 effective Oct. 30, 1998, and applicable only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark, see section 201(b) of Pub. L. 105–330, set out as a note under section 1051 of this title.
heading: Effective Date of 1988 Amendment
text: 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.
heading: Repeal and Effect on Existing Rights
text: 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.
15 U.S.C. § 1095 (COMMERCE AND TRADE)
§ 1095. Registration on principal register not precluded
Registration of a mark on the supplemental register, or under the Act of March 19, 1920, shall not preclude registration by the registrant on the principal register established by this chapter. Registration of a mark on the supplemental register shall not constitute an admission that the mark has not acquired distinctiveness.
(July 5, 1946, ch. 540, title II, § 27, 60 Stat. 436; Pub. L. 100–667, title I, § 124, Nov. 16, 1988, 102 Stat. 3943.)
heading: Editorial Notes
heading: References in Text
text: Act of March 19, 1920, referred to in text, is act Mar. 19, 1920, ch. 104, §§ 1–9, 41 Stat. 533, which was generally classified to sections 121 to 128 of this title, and which was repealed insofar as inconsistent with this chapter by act July 5, 1946, ch. 540, § 46(a), 60 Stat. 444.
heading: Amendments
text: 1988—Pub. L. 100–667 inserted at end “Registration of a mark on the supplemental register shall not constitute an admission that the mark has not acquired distinctiveness.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: 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.
heading: Repeal and Effect on Existing Rights
text: 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.
15 U.S.C. § 1096 (COMMERCE AND TRADE)
§ 1096. Registration on supplemental register not used to stop importations
Registration on the supplemental register or under the Act of March 19, 1920, shall not be filed in the Department of the Treasury or be used to stop importations.
(July 5, 1946, ch. 540, title II, § 28, 60 Stat. 436.)
heading: Editorial Notes
heading: References in Text
text: Act of March 19, 1920, referred to in text, is act Mar. 19, 1920, ch. 104, §§ 1–9, 41 Stat. 533, which was generally classified to sections 121 to 128 of this title, and which was repealed insofar as inconsistent with this chapter by act July 5, 1946, ch. 540, § 46(b), 60 Stat. 444.
heading: Statutory Notes and Related Subsidiaries
heading: Repeal and Effect on Existing Rights
text: 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.
15 U.S.C. § 1119 (COMMERCE AND TRADE)
§ 1119. Power of court over registration
In any action involving a registered mark the court may determine the right to registration, order the cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Director, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby.
(July 5, 1946, ch. 540, title VI, § 37, 60 Stat. 440; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.)
heading: Editorial Notes
heading: Prior Provisions
text: Act Feb. 20, 1905, ch. 592, § 22, 33 Stat. 729.
heading: Amendments
text: 1999—Pub. L. 106–113 substituted “Director” for “Commissioner”.
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: 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.
heading: Effective Date of 1975 Amendment
text: 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.
heading: Repeal and Effect on Existing Rights
text: 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.
heading: Executive Documents
heading: Transfer of Functions
text: 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.
15 U.S.C. § 1120 (COMMERCE AND TRADE)
§ 1120. Civil liability for false or fraudulent registration
Any person who shall procure registration in the Patent and Trademark Office of a mark by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages sustained in consequence thereof.
(July 5, 1946, ch. 540, title VI, § 38, 60 Stat. 440; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949.)
heading: Editorial Notes
heading: Prior Provisions
text: Act Feb. 20, 1905, ch. 592, § 25, 33 Stat. 730.
heading: Amendments
text: 1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1975 Amendment
text: 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.
heading: Repeal and Effect on Existing Rights
text: 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.
heading: Executive Documents
heading: Transfer of Functions
text: 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.
15 U.S.C. § 1121a (COMMERCE AND TRADE)
§ 1121a. Transferred
heading: Editorial Notes
heading: Codification
text: Section, act July 5, 1946, ch. 540, title VI, § 39a, as added Oct. 12, 1982, Pub. L. 97–296, 96 Stat. 1316, which prohibited State and local requirements that registered trademarks be altered or displayed differently, was transferred to subsec. (b) of section 39 of act July 5, 1946, by section 131(b)(1) of Pub. L. 100–667 and is classified to section 1121(b) of this title.
15 U.S.C. § 1123 (COMMERCE AND TRADE)
§ 1123. Rules and regulations for conduct of proceedings in Patent and Trademark Office
The Director shall make rules and regulations, not inconsistent with law, for the conduct of proceedings in the Patent and Trademark Office under this chapter.
(July 5, 1946, ch. 540, title VI, § 41, 60 Stat. 440; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.)
heading: Editorial Notes
heading: Prior Provisions
text: Act Feb. 20, 1905, ch. 592, § 26, 33 Stat. 730.
heading: Amendments
text: 1999—Pub. L. 106–113 substituted “Director” for “Commissioner”.
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: 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.
heading: Effective Date of 1975 Amendment
text: 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.
heading: Repeal and Effect on Existing Rights
text: 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.
heading: Executive Documents
heading: Transfer of Functions
text: 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.
15 U.S.C. § 1128 (COMMERCE AND TRADE)
§ 1128. Repealed. Pub. L. 110–403, title III, § 305(a)(1), Oct. 13, 2008, 122 Stat. 4270
text: Section, Pub. L. 106–58, title VI, § 653, Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4741(b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–586; Pub. L. 108–447, div. B, title II, § 210, Dec. 8, 2004, 118 Stat. 2884, established the National Intellectual Property Law Enforcement Coordination Council.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 110–403, title III, § 305(a)(1), Oct. 13, 2008, 122 Stat. 4270, provided that the repeal of this section is effective upon confirmation of the Intellectual Property Enforcement Coordinator by the Senate and publication of such appointment in the Congressional Record. The Senate confirmed the first Intellectual Property Enforcement Coordinator on Dec. 3, 2009, as reflected in that day’s Congressional Record. See 155 Cong. Rec. 29389 (2009).
15 U.S.C. § 1129 (COMMERCE AND TRADE)
§ 1129. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3002(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–548, which related to cyberpiracy protections for individuals, was transferred to section 8131 of this title.
15 U.S.C. § 1153 (COMMERCE AND TRADE)
§ 1153. Rules, regulations, and fees
The Secretary is authorized to make, amend, and rescind such orders, rules, and regulations as he may deem necessary to carry out the provisions of this chapter, and to establish, from time to time, a schedule or schedules of reasonable fees or charges for services performed or for documents or other publications furnished under this chapter.
It is the policy of this chapter, to the fullest extent feasible and consistent with the objectives of this chapter, that each of the services and functions provided herein shall be self-sustaining or self-liquidating and that the general public shall not bear the cost of publications and other services which are for the special use and benefit of private groups and individuals; but nothing herein shall be construed to require the levying of fees or charges for services performed or publications furnished to any agency or instrumentality of the Federal Government, or for publications which are distributed pursuant to reciprocal arrangements for the exchange of information or which are otherwise issued primarily for the general benefit of the public.
(Sept. 9, 1950, ch. 936, § 3, 64 Stat. 823; Pub. L. 91–412, § 3(e), Sept. 25, 1970, 84 Stat. 864.)
heading: Editorial Notes
heading: Amendments
text: 1970—Pub. L. 91–412 struck out provisos of first par. for deposit of moneys received for services and publications after Sept. 9, 1950, in a special account in the Treasury, to be available, subject to appropriation authorizations, for reimbursement of appropriations and for refunds to organizations and individuals entitled thereto, and making appropriations reimbursed by the special account available for original purposes. See section 1526 of this title.
15 U.S.C. § 1177 (COMMERCE AND TRADE)
§ 1177. Confiscation of gambling devices and means of transportation; laws governing
Any gambling device transported, delivered, shipped, manufactured, reconditioned, repaired, sold, disposed of, received, possessed, or used in violation of the provisions of this chapter shall be seized and forfeited to the United States. All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violation of the customs laws; the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as applicable and not inconsistent with the provisions hereof: Provided, That such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the customs laws shall be performed with respect to seizures and forfeitures of gambling devices under this chapter by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General.
(Jan. 2, 1951, ch. 1194, § 7, 64 Stat. 1135.)
heading: Executive Documents
heading: Transfer of Functions
text: Offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. Functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
15 U.S.C. § 1178 (COMMERCE AND TRADE)
§ 1178. Nonapplicability of chapter to certain machines and devices
None of the provisions of this chapter shall be construed to apply—
(1) to any machine or mechanical device designed and manufactured primarily for use at a racetrack in connection with parimutuel betting,
(2) to any machine or mechanical device, such as a coin-operated bowling alley, shuffleboard, marble machine (a so-called pinball machine), or mechanical gun, which is not designed and manufactured primarily for use in connection with gambling, and (A) which when operated does not deliver, as a result of the application of an element of chance, any money or property, or (B) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money or property, or
(3) to any so-called claw, crane, or digger machine and similar devices which are not operated by coin, are actuated by a crank, and are designed and manufactured primarily for use at carnivals or county or State fairs.
(Jan. 2, 1951, ch. 1194, § 9, as added Pub. L. 87–840, § 6, Oct. 18, 1962, 76 Stat. 1077.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on sixtieth day after Oct. 18, 1962, see section 7 of Pub. L. 87–840, set out as an Effective Date of 1962 Amendment note under section 1171 of this title.