Collapse to view only § 1095. Registration on principal register not precluded
- § 1091. Supplemental register
- § 1092. Publication; not subject to opposition; cancellation
- § 1093. Registration certificates for marks on principal and supplemental registers to be different
- § 1094. Provisions of chapter applicable to registrations on supplemental register
- § 1095. Registration on principal register not precluded
- § 1096. Registration on supplemental register not used to stop importations
§ 1091. Supplemental register
(a) Marks registerable
(b) Application and proceedings for registration
(c) Nature of mark
(July 5, 1946, ch. 540, title II, § 23, 60 Stat. 435; Pub. L. 87–772, § 13, Oct. 9, 1962, 76 Stat. 773; Pub. L. 100–667, title I, § 121, Nov. 16, 1988, 102 Stat. 3942; Pub. L. 103–182, title III, § 333(b), Dec. 8, 1993, 107 Stat. 2114; Pub. L. 105–330, title II, § 201(a)(5), Oct. 30, 1998, 112 Stat. 3070; Pub. L. 106–43, § 6(b), Aug. 5, 1999, 113 Stat. 220; 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. 107–273, div. C, title III, § 13207(b)(6), Nov. 2, 2002, 116 Stat. 1908.)
§ 1092. Publication; not subject to opposition; cancellation
Marks for the supplemental register shall not be published for or be subject to opposition, but shall be published on registration in the Official Gazette of the Patent and Trademark Office.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—
(1) 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
(2) 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.
(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.)
§ 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.)
§ 1094. Provisions of chapter applicable to registrations on supplemental register
(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.)
§ 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.)
§ 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.)