U.S. Code » Title 15 » Chapter CHAPTER 22— TRADEMARKS › Subchapter SUBCHAPTER I— THE PRINCIPAL REGISTER

15 U.S.C. § 1062

Publication

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(a) Examination and publication

Upon the filing of an application for registration and payment of the prescribed fee, the Director shall refer the application to the examiner in charge of the registration of marks, who shall cause an examination to be made and, if on such examination it shall appear that the applicant is entitled to registration, or would be entitled to registration upon the acceptance of the statement of use required by section 1051(d) of this title, the Director shall cause the mark to be published in the Official Gazette of the Patent and Trademark Office: Provided, That in the case of an applicant claiming concurrent use, or in the case of an application to be placed in an interference as provided for in section 1066 of this title the mark, if otherwise registrable, may be published subject to the determination of the rights of the parties to such proceedings.

(b) Refusal of registration; amendment of application; abandonment; extensions of time to respond(1) If the applicant is found not entitled to registration, the examiner shall notify the applicant thereof and of the reasons therefor. The applicant may reply or amend the application, which shall then be reexamined. This procedure may be repeated until the examiner finally refuses registration of the mark or the application is abandoned as described in paragraph (2).(2) After notification under paragraph (1), the applicant shall have a period of 6 months in which to reply or amend the application, or such shorter time that is not less than 60 days, as prescribed by the Director by regulation. If the applicant fails to reply or amend or appeal within the relevant time period, including any extension under paragraph (3), the application shall be deemed to have been abandoned, unless it can be shown to the satisfaction of the Director that the delay in responding was unintentional, in which case the application may be revived and such time may be extended. The Director may prescribe a fee to accompany any request to revive.(3) The Director shall provide, by regulation, for extensions of time to respond to the examiner for any time period under paragraph (2) that is less than 6 months. The Director shall allow the applicant to obtain extensions of time to reply or amend aggregating 6 months from the date of notification under paragraph (1) when the applicant so requests. However, the Director may set by regulation the time for individual periods of extension, and prescribe a fee, by regulation, for any extension request. Any request for extension shall be filed on or before the date on which a reply or amendment is due under paragraph (1).(c) Republication of marks registered under prior acts

A registrant of a mark registered under the provisions of the Act of March 3, 1881, or the Act of February 20, 1905, may, at any time prior to the expiration of the registration thereof, upon the payment of the prescribed fee file with the Director an affidavit setting forth those goods stated in the registration on which said mark is in use in commerce and that the registrant claims the benefits of this chapter for said mark. The Director shall publish notice thereof with a reproduction of said mark in the Official Gazette, and notify the registrant of such publication and of the requirement for the affidavit of use or nonuse as provided for in subsection (b) of section 1058 of this title. Marks published under this subsection shall not be subject to the provisions of section 1063 of this title.

(July 5, 1946, ch. 540, title I, § 12, 60 Stat. 432; Pub. L. 87–772, § 7, Oct. 9, 1962, 76 Stat. 770; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100–667, title I, § 113, Nov. 16, 1988, 102 Stat. 3940; Pub. L. 105–330, title I, § 104, Oct. 30, 1998, 112 Stat. 3066; 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. 116–260, div. Q, title II, § 224, Dec. 27, 2020, 134 Stat. 2201.)Editorial NotesReferences in Text

Acts March 3, 1881 and February 20, 1905, referred to in subsec. (c), 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.

Prior Provisions

Acts Feb. 20, 1905, ch. 592, § 6, 33 Stat. 726; Mar. 2, 1907, ch. 2573, § 2, 34 Stat. 1252.

Amendments

2020—Subsec. (b). Pub. L. 116–260 amended subsec. (b) generally. Prior to amendment, text read as follows: “If the applicant is found not entitled to registration, the examiner shall advise the applicant thereof and of the reasons therefor. The applicant shall have a period of six months in which to reply or amend his application, which shall then be reexamined. This procedure may be repeated until (1) the examiner finally refuses registration of the mark or (2) the applicant fails for a period of six months to reply or amend or appeal, whereupon the application shall be deemed to have been abandoned, unless it can be shown to the satisfaction of the Director that the delay in responding was unintentional, whereupon such time may be extended.”

1999—Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing.

1998—Subsec. (b). Pub. L. 105–330 substituted “unintentional” for “unavoidable” in last sentence.

1988—Subsec. (a). Pub. L. 100–667 substituted “prescribed fee” for “fee herein provided”, and “entitled to registration, or would be entitled to registration upon the acceptance of the statement of use required by section 1051(d) of this title, the” for “entitled to registration, the”.

1975—Subsec. (a). Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

1962—Subsec. (a). Pub. L. 87–772 inserted proviso permitting publication of the mark in the case of an applicant claiming concurrent use, or an application to be placed in an interference, if such mark is otherwise registrable, subject to the determination of the rights of the parties.

Subsec. (c). Pub. L. 87–772 inserted “Marks published under” before “this subsection shall not be subject”.

Statutory Notes and Related SubsidiariesEffective 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 1998 Amendment

Amendment by Pub. L. 105–330 effective on the date that is 1 year after Oct. 30, 1998, see section 110 of Pub. L. 105–330, set out as a note under section 1051 of this title.

For provisions relating to applicability of amendment by Pub. L. 105–330 to applications for registration of trademarks, see section 109(b) of Pub. L. 105–330, set out as a note under section 1051 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 section 1051 of 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 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.

Executive DocumentsTransfer 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.

Notes of Decisions
Cited in 67 cases (5 in the last 5 years), 1948–2025 · leading case: Iancu v. Brunetti, 139 S. Ct. 2294 (2019).
Sort: Relevance Newest Treatment
Iancu v. Brunetti, 139 S. Ct. 2294 (2019). · cites it 2× “, at 17), registration nevertheless entails Government in- volvement in promoting a particular mark.”
Park 'N Fly, Inc. v. Dollar Park & Fly, Inc., 469 U.S. 189 (1985). · cites it 2× “§ 12(a), 15 U. S. C. § 1062 (a). Within 30 days of publication, any person who believes that he would be damaged by registration of the mark may file an opposition.”
Amstar Corp. v. Domino's Pizza, Inc. & Atlanta Pizza, Inc., Pizza Enter., Inc. & Pizza Servs., Inc., Hanna Creative Enter., Inc., 615 F.2d 252 (5th Cir. 1980). · cites it 2× “The mark was passed for publication in the Official Gazette of the Patent Office on each occasion, signifying that an examiner of the office had concluded that the mark was entitled to registration, 15 U.S.C. § 1062 (a). Plaintiff filed notices of opposition to each of the…”
Maritz, Inc. v. Cybergold, Inc., 947 F. Supp. 1328 (E.D. Mo. 1996). · cites it 2× “§ 1051 (b) of the Lanham Act and that, on August 5, 1996, CyberGold's pending federal trademark was accepted for registration and approved for publication in the Official Gazette for opposition purposes by the PTO pursuant to 15 U.S.C. § 1062 (a). [5] CyberGold asserts that…”
Cae, Inc. v. Clean Air Eng'g, Inc., 267 F.3d 660 (7th Cir. 2001). “See 15 U.S.C. § 1062 (a). Upon publication, “[a]ny person who believes that he would be damaged by the registration” may file, within thirty days (along with the required fee), an opposition to the registration.”
Rosenruist-Gestao E Servicos LDA v. Virgin Enter. Ltd., 511 F.3d 437 (4th Cir. 2007). · cites it 2× “See 15 U.S.C.A. § 1062 (a) (West Supp. 2007).”
Genesee Brewing Co., Inc., D/B/A Highfalls Brewing Co. v. Stroh Brewing Co., D/B/A N. Plains Brewing Co., 124 F.3d 137 (2d Cir. 1997). “1967); see also 15 U.S.C. § 1062 (a), and a trademark examiner may not send a mark to publication unless all unprotectable matter has been disclaimed, see Trademark Manual of Examining Procedure § 1213.”
Avon Shoe Co. v. David Crystal, Inc., 171 F. Supp. 293 (S.D.N.Y. 1959). · cites it 4× “This mark was published in the Official Gazette of the United States Patent Office on December 4, 1951 pursuant to 15 U.S.C.A. § 1062 (a). This registration was corrected on March 2, 1954 to reflect the State of incorporation of the registrant.”
Eastman Kodak Co. v. Bell & Howell Document Mgmt. Prods. Co., 994 F.2d 1569 (Fed. Cir. 1993). · cites it 2× “15 U.S.C. § 1062 (a). If no opposer is successful, the PTO issues a notice of allowance.”
Goya Foods, Inc. v. Tropicana Prods., Inc., 846 F.2d 848 (2d Cir. 1988). “The TROPICOLA and TROPICOCO applications were published in the PTO’s Official Gazette, see 15 U.S.C. § 1062 (a) (1982), on July 2, 1985, and August 26, 1986, respectively.”
Yamaha Int'l Corp. v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc., 840 F.2d 1572 (Fed. Cir. 1988). “1 In September 1984, the PTO published the marks in the Official Gazette for opposition in accordance with 15 U.S.C. § 1062 (a). See also 37 C.F.R. § 2.”
Lebewohl v. Heart Attack Grill LLC, 890 F. Supp. 2d 278 (S.D.N.Y. 2012). “15 U.S.C. § 1062 (a). If no opposer is successful, the USPTO issues a notice of allowance.”
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