---
kind: "range"
citation: "15 U.S.C. §§ 1063–1068"
title: "15"
from: "1063"
to: "1068"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/15/1063..1068"
---

# §1063. Opposition to registration

- (a) Any [person](/usc/15/1127.md) who believes that he would be damaged by the registration of a [mark](/usc/15/1127.md) upon the [principal register](/usc/15/1127.md), including the registration of any [mark](/usc/15/1127.md) which would be likely to cause dilution by blurring or dilution by tarnishment under [section 1125(c) of this title](/usc/15/1125.md?p=c), may, upon payment of the prescribed fee, file an opposition in the Patent and [Trademark](/usc/15/1127.md) Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of [section 1062 of this title](/usc/15/1062.md) of the [mark](/usc/15/1127.md) sought to be registered. Upon written request prior to the expiration of the thirty-day period, the time for filing opposition shall be extended for an additional thirty days, and further extensions of time for filing opposition may be granted by the [Director](/usc/15/1127.md) for good cause when requested prior to the expiration of an extension. The [Director](/usc/15/1127.md) shall notify the [applicant](/usc/15/1127.md) of each extension of the time for filing opposition. An opposition may be amended under such conditions as may be prescribed by the [Director](/usc/15/1127.md).
- (b) Unless registration is successfully opposed—
  - (1) a [mark](/usc/15/1127.md) entitled to registration on the [principal register](/usc/15/1127.md) based on an [application](/usc/15/77ccc.md?p=8) filed under [section 1051(a) of this title](/usc/15/1051.md?p=a) or pursuant to [section 1126 of this title](/usc/15/1126.md) shall be registered in the Patent and [Trademark](/usc/15/1127.md) Office, a certificate of registration shall be issued, and notice of the registration shall be published in the Official Gazette of the Patent and [Trademark](/usc/15/1127.md) Office; or
  - (2) a notice of allowance shall be issued to the [applicant](/usc/15/1127.md) if the [applicant](/usc/15/1127.md) applied for registration under [section 1051(b) of this title](/usc/15/1051.md?p=b).

# §1064. Cancellation of registration


A petition to cancel a registration of a [mark](/usc/15/1127.md), stating the grounds relied upon, may, upon payment of the prescribed fee, be filed as follows by any [person](/usc/15/1127.md) who believes that he is or will be damaged, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under [section 1125(c) of this title](/usc/15/1125.md?p=c), by the registration of a [mark](/usc/15/1127.md) on the [principal register](/usc/15/1127.md) established by this chapter, or under the [Act of March 3, 1881](/usc/15/1127.md), or the [Act of February 20, 1905](/usc/15/1127.md):

- (1) Within five years from the date of the registration of the [mark](/usc/15/1127.md) under this chapter.
- (2) Within five years from the date of publication under [section 1062(c) of this title](/usc/15/1062.md?p=c) of a [mark](/usc/15/1127.md) registered under the [Act of March 3, 1881](/usc/15/1127.md), or the [Act of February 20, 1905](/usc/15/1127.md).
- (3) At any time if the [registered mark](/usc/15/1127.md) becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or is functional, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of [section 1054 of this title](/usc/15/1054.md) or of subsection (a), (b), or (c) of [section 1052 of this title](/usc/15/1052.md) for a registration under this chapter, or contrary to similar prohibitory provisions of such prior Acts for a registration under such Acts, or if the [registered mark](/usc/15/1127.md) is being used by, or with the permission of, the [registrant](/usc/15/1127.md) so as to misrepresent the source of the goods or services on or in connection with which the [mark](/usc/15/1127.md) is used. If the [registered mark](/usc/15/1127.md) becomes the generic name for less than all of the goods or services for which it is registered, a petition to cancel the registration for only those goods or services may be filed. A [registered mark](/usc/15/1127.md) shall not be deemed to be the generic name of goods or services solely because such [mark](/usc/15/1127.md) is also used as a name of or to identify a unique product or service. The primary significance of the [registered mark](/usc/15/1127.md) to the relevant public rather than purchaser motivation shall be the test for determining whether the [registered mark](/usc/15/1127.md) has become the generic name of goods or services on or in connection with which it has been used.
- (4) At any time if the [mark](/usc/15/1127.md) is registered under the [Act of March 3, 1881](/usc/15/1127.md), or the [Act of February 20, 1905](/usc/15/1127.md), and has not been published under the provisions of subsection (c) of [section 1062 of this title](/usc/15/1062.md).
- (5) At any time in the case of a [certification mark](/usc/15/1127.md) on the ground that the [registrant](/usc/15/1127.md) (A) does not control, or is not able legitimately to exercise control over, the use of such [mark](/usc/15/1127.md), or (B) engages in the production or marketing of any goods or services to which the [certification mark](/usc/15/1127.md) is applied, or (C) permits the use of the [certification mark](/usc/15/1127.md) for purposes other than to certify, or (D) discriminately refuses to certify or to continue to certify the goods or services of any [person](/usc/15/1127.md) who maintains the standards or conditions which such [mark](/usc/15/1127.md) certifies.
- (6) At any time after the 3-year period following the date of registration, if the [registered mark](/usc/15/1127.md) has never been used in commerce on or in connection with some or all of the goods or services recited in the registration:

# §1065. Incontestability of right to use mark under certain conditions


Except on a ground for which [application](/usc/15/77ccc.md?p=8) to cancel may be filed at any time under paragraphs (3), (5), and (6) of [section 1064 of this title](/usc/15/1064.md), and except to the extent, if any, to which the use of a [mark](/usc/15/1127.md) registered on the [principal register](/usc/15/1127.md) infringes a valid right acquired under the law of any [State](/usc/15/15g.md?p=2) or Territory by use of a [mark](/usc/15/1127.md) or [trade name](/usc/15/1127.md) continuing from a date prior to the date of registration under this chapter of such [registered mark](/usc/15/1127.md), the right of the owner to use such [registered mark](/usc/15/1127.md) in commerce for the goods or services on or in connection with which such [registered mark](/usc/15/1127.md) has been in continuous use for five consecutive years subsequent to the date of such registration and is still in [use in commerce](/usc/15/1127.md), shall be incontestable: Provided, That—

- (1) there has been no final decision adverse to the owner’s claim of ownership of such [mark](/usc/15/1127.md) for such goods or services, or to the owner’s right to register the same or to keep the same on the register; and
- (2) there is no proceeding involving said rights pending in the United States Patent and [Trademark](/usc/15/1127.md) Office or in a court and not finally disposed of; and
- (3) an affidavit is filed with the [Director](/usc/15/1127.md) within one year after the expiration of any such five-year period setting forth those goods or services stated in the registration on or in connection with which such [mark](/usc/15/1127.md) has been in continuous use for such five consecutive years and is still in [use in commerce](/usc/15/1127.md), and other matters specified in paragraphs [(1)](#1) and [(2)](#2) hereof; and
- (4) no incontestable right shall be acquired in a [mark](/usc/15/1127.md) which is the generic name for the goods or services or a portion thereof, for which it is registered.

Subject to the conditions above specified in this section, the incontestable right with reference to a [mark](/usc/15/1127.md) registered under this chapter shall apply to a [mark](/usc/15/1127.md) registered under the [Act of March 3, 1881](/usc/15/1127.md), or the [Act of February 20, 1905](/usc/15/1127.md), upon the filing of the required affidavit with the [Director](/usc/15/1127.md) within one year after the expiration of any period of five consecutive years after the date of publication of a [mark](/usc/15/1127.md) under the provisions of subsection (c) of [section 1062 of this title](/usc/15/1062.md).

The [Director](/usc/15/1127.md) shall notify any [registrant](/usc/15/1127.md) who files the above-prescribed affidavit of the filing thereof.


# §1066. Interference; declaration by Director


Upon petition showing extraordinary circumstances, the [Director](/usc/15/1127.md) may declare that an interference exists when [application](/usc/15/77ccc.md?p=8) is made for the registration of a [mark](/usc/15/1127.md) which so resembles a [mark](/usc/15/1127.md) previously registered by another, or for the registration of which another has previously made [application](/usc/15/77ccc.md?p=8), as to be likely when used on or in connection with the goods or services of the [applicant](/usc/15/1127.md) to cause confusion or mistake or to deceive. No interference shall be declared between an [application](/usc/15/77ccc.md?p=8) and the registration of a [mark](/usc/15/1127.md) the right to the use of which has become incontestable.


# §1066a. Ex parte expungement

- (a) **Petition—** Notwithstanding sections [1057(b)](/usc/15/1057.md?p=b) and [1072](/usc/15/1072.md) of this title, and subsections (a) and (b) of [section 1115 of this title](/usc/15/1115.md), any [person](/usc/15/1127.md) may file a petition to expunge a registration of a [mark](/usc/15/1127.md) on the basis that the [mark](/usc/15/1127.md) has never been used in commerce on or in connection with some or all of the goods or services recited in the registration.
- (b) **Contents of petition—** A petition filed under [subsection (a)](#a), together with any supporting documents, shall—
  - (1) identify the registration that is the subject of the petition;
  - (2) identify each good or service recited in the registration for which it is alleged that the [mark](/usc/15/1127.md) has never been used in commerce;
  - (3) include a verified statement that sets forth—
    - (A) the elements of the reasonable investigation the petitioner conducted to determine that the [mark](/usc/15/1127.md) has never been used in commerce on or in connection with the goods and services identified in the petition; and
    - (B) any additional facts that support the allegation that the [mark](/usc/15/1127.md) has never been used in commerce on or in connection with the identified goods and services;
  - (4) include any supporting evidence on which the petitioner relies; and
  - (5) be accompanied by the fee prescribed by the [Director](/usc/15/1127.md).
- (c) **Initial determination; institution—**
  - (1) **Prima facie case determination, institution, and notification—** The [Director](/usc/15/1127.md) shall, for each good or service identified under [subsection (b)(2)](#b-2), determine whether the petition sets forth a prima facie case of the [mark](/usc/15/1127.md) having never been used in commerce on or in connection with each such good or service, [institute](/usc/15/9401.md?p=7) an ex parte expungement proceeding for each good or service for which the [Director](/usc/15/1127.md) determines that a prima facie case has been set forth, and provide a notice to the [registrant](/usc/15/1127.md) and petitioner of the determination of whether or not the proceeding was instituted. Such notice shall include a copy of the petition and any supporting documents and evidence that were included with the petition.
  - (2) **Reasonable investigation guidance—** The [Director](/usc/15/1127.md) shall promulgate regulations regarding what constitutes a reasonable investigation under [subsection (b)(3)](#b-3) and the general types of evidence that could support a prima facie case that a [mark](/usc/15/1127.md) has never been used in commerce, but the [Director](/usc/15/1127.md) shall retain the discretion to determine whether a prima facie case is set out in a particular proceeding.
  - (3) **Determination by Director—** Any determination by the [Director](/usc/15/1127.md) whether or not to [institute](/usc/15/9401.md?p=7) a proceeding under this section shall be final and non-reviewable, and shall not prejudice any party’s right to raise any issue and rely on any evidence in any other proceeding, except as provided in [subsection (j)](#j).
- (d) **Ex parte expungement procedures—** The procedures for ex parte expungement shall be the same as the procedures for examination under [section 1062(b) of this title](/usc/15/1062.md?p=b), except that the [Director](/usc/15/1127.md) shall promulgate regulations establishing and governing a proceeding under this section, which may include regulations that—
  - (1) set response and extension times particular to this type of proceeding, which, notwithstanding [section 1062(b)(3) of this title](/usc/15/1062.md?p=b-3), need not be extendable to 6 months;
  - (2) set limits governing the timing and number of petitions filed for a particular registration or by a particular petitioner or real parties in interest; and
  - (3) define the relation of a proceeding under this section to other proceedings concerning the [mark](/usc/15/1127.md).
- (e) **Registrant’s evidence of use—** A [registrant](/usc/15/1127.md)’s documentary evidence of use shall be consistent with when a [mark](/usc/15/1127.md) shall be deemed to be in [use in commerce](/usc/15/1127.md) under the definition of “[use in commerce](/usc/15/1127.md)” in [section 1127 of this title](/usc/15/1127.md), but shall not be limited in form to that of specimens as provided in [section 1051(a) of this title](/usc/15/1051.md?p=a).
- (f) **Excusable nonuse—** During an ex parte expungement proceeding, for a [mark](/usc/15/1127.md) registered under [section 1126(e) of this title](/usc/15/1126.md?p=e) or an extension of protection under [section 1141f of this title](/usc/15/1141f.md), the [registrant](/usc/15/1127.md) may offer evidence showing that any nonuse is due to special circumstances that excuse such nonuse. In such a case, the examiner shall determine whether the facts and evidence demonstrate excusable nonuse and shall not find that the registration should be cancelled under [subsection (g)](#g) for any good or service for which excusable nonuse is demonstrated.
- (g) **Examiner’s decision; order to cancel—** For each good or service for which it is determined that a [mark](/usc/15/1127.md) has never been used in commerce, and for which the provisions of [subsection (f)](#f) do not apply, the examiner shall find that the registration should be cancelled for each such good or service. A [mark](/usc/15/1127.md) shall not be found to have never been used in commerce if there is evidence of [use in commerce](/usc/15/1127.md) by the [registrant](/usc/15/1127.md) that temporally would have supported registration at the time the [application](/usc/15/77ccc.md?p=8) was filed or the relevant allegation of use was made, or after registration, but before the petition to expunge was filed under [subsection (a)](#a), or an ex parte expungement proceeding was instituted by the [Director](/usc/15/1127.md) under [subsection (h)](#h). Unless overturned on review of the examiner’s decision, the [Director](/usc/15/1127.md) shall issue an [order](/usc/15/8702.md?p=14) cancelling the registration, in whole or in part, after the time for appeal has expired or any appeal proceeding has terminated.
- (h) **Ex parte expungement by the Director—**
  - (1) **In general—** The [Director](/usc/15/1127.md) may, on the [Director](/usc/15/1127.md)’s own [initiative](/usc/15/9401.md?p=5), [institute](/usc/15/9401.md?p=7) an ex parte expungement proceeding if the [Director](/usc/15/1127.md) discovers information that supports a prima facie case of a [mark](/usc/15/1127.md) having never been used in commerce on or in connection with any good or service covered by a registration. The [Director](/usc/15/1127.md) shall promptly notify the [registrant](/usc/15/1127.md) of such determination, at which time the ex parte expungement proceeding shall proceed according to the same procedures for ex parte expungement established pursuant to [subsection (d)](#d). If the [Director](/usc/15/1127.md) determines, based on the [Director](/usc/15/1127.md)’s own [initiative](/usc/15/9401.md?p=5), to [institute](/usc/15/9401.md?p=7) an expungement proceeding, the [Director](/usc/15/1127.md) shall transmit or make available the information that formed the basis for that determination as part of the institution notice sent to the [registrant](/usc/15/1127.md).
  - (2) **Rule of construction—** Nothing in this subsection shall be construed to limit any other [authority](/usc/15/3051.md?p=1) of the [Director](/usc/15/1127.md).
- (i) **Time for institution—**
  - (1) **When petition may be filed, ex parte expungement proceeding instituted—** A petition for ex parte expungement of a registration under [subsection (a)](#a) may be filed, or the [Director](/usc/15/1127.md) may [institute](/usc/15/9401.md?p=7) on the [Director](/usc/15/1127.md)’s own [initiative](/usc/15/9401.md?p=5) an ex parte expungement proceeding of a registration under [subsection (h)](#h), at any time following the expiration of 3 years after the date of registration and before the expiration of 10 years following the date of registration.
  - (2) **Exception—** Notwithstanding [paragraph (1)](#i-1), for a period of 3 years after December 27, 2020, a petition for expungement of a registration under [subsection (a)](#a) may be filed, or the [Director](/usc/15/1127.md) may [institute](/usc/15/9401.md?p=7) on the [Director](/usc/15/1127.md)’s own [initiative](/usc/15/9401.md?p=5) an ex parte expungement proceeding of a registration under [subsection (h)](#h), at any time following the expiration of 3 years after the date of registration.
- (j) **Limitation on later ex parte expungement proceedings—**
  - (1) **No co-pending proceedings—** With respect to a particular registration, while an ex parte expungement proceeding is pending, no later ex parte expungement proceeding may be instituted with respect to the same goods or services that are the subject of a pending ex parte expungement proceeding.
  - (2) **Estoppel—** With respect to a particular registration, for goods or services previously subject to an instituted expungement proceeding for which, in that proceeding, it was determined that the [registrant](/usc/15/1127.md) had used the [mark](/usc/15/1127.md) for particular goods or services, as relevant, and the registration was not cancelled as to those goods or services, no further ex parte expungement proceedings may be initiated as to those goods or services, regardless of the identity of the petitioner.
- (k) **Use in commerce requirement not altered—** Nothing in this section shall affect the requirement for [use in commerce](/usc/15/1127.md) of a [mark](/usc/15/1127.md) registered under section [1051(a)](/usc/15/1051.md?p=a) or [1091](/usc/15/1091.md) of this title.

# §1066b. Ex parte reexamination

- (a) **Petition for reexamination—** Any [person](/usc/15/1127.md) may file a petition to reexamine a registration of a [mark](/usc/15/1127.md) on the basis that the [mark](/usc/15/1127.md) was not in [use in commerce](/usc/15/1127.md) on or in connection with some or all of the goods or services recited in the registration on or before the [relevant date](#b).
- (b) **Relevant date—** In this section, the term “relevant date” means, with respect to an [application](/usc/15/77ccc.md?p=8) for the registration of a [mark](/usc/15/1127.md) with an initial filing basis of—
  - (1) [section 1051(a) of this title](/usc/15/1051.md?p=a) and not amended at any point to be filed pursuant to [section 1051(b) of this title](/usc/15/1051.md?p=b), the date on which the [application](/usc/15/77ccc.md?p=8) was initially filed; or
  - (2) [section 1051(b) of this title](/usc/15/1051.md?p=b) or amended at any point to be filed pursuant to [section 1051(b) of this title](/usc/15/1051.md?p=b), the date on which—
    - (A) an amendment to allege use under [section 1051(c) of this title](/usc/15/1051.md?p=c) was filed; or
    - (B) the period for filing a statement of use under [section 1051(d) of this title](/usc/15/1051.md?p=d) expired, including all approved extensions thereof.
- (c) **Requirements for the petition—** A petition filed under [subsection (a)](#a), together with any supporting documents, shall—
  - (1) identify the registration that is the subject of the petition;
  - (2) identify each good and service recited in the registration for which it is alleged that the [mark](/usc/15/1127.md) was not in [use in commerce](/usc/15/1127.md) on or in connection with on or before the [relevant date](#b);
  - (3) include a verified statement that sets forth—
    - (A) the elements of the reasonable investigation the petitioner conducted to determine that the [mark](/usc/15/1127.md) was not in [use in commerce](/usc/15/1127.md) on or in connection with the goods and services identified in the petition on or before the [relevant date](#b); and
    - (B) any additional facts that support the allegation that the [mark](/usc/15/1127.md) was not in [use in commerce](/usc/15/1127.md) on or before the [relevant date](#b) on or in connection with the identified goods and services;
  - (4) include supporting evidence on which the petitioner relies; and
  - (5) be accompanied by the fee prescribed by the [Director](/usc/15/1127.md).
- (d) **Initial determination; institution—**
  - (1) **Prima facie case determination, institution, and notification—** The [Director](/usc/15/1127.md) shall, for each good or service identified under [subsection (c)(2)](#c-2), determine whether the petition sets forth a prima facie case of the [mark](/usc/15/1127.md) having not been in [use in commerce](/usc/15/1127.md) on or in connection with each such good or service, [institute](/usc/15/9401.md?p=7) an ex parte reexamination proceeding for each good or service for which the [Director](/usc/15/1127.md) determines that the prima facie case has been set forth, and provide a notice to the [registrant](/usc/15/1127.md) and petitioner of the determination of whether or not the proceeding was instituted. Such notice shall include a copy of the petition and any supporting documents and evidence that were included with the petition.
  - (2) **Reasonable investigation guidance—** The [Director](/usc/15/1127.md) shall promulgate regulations regarding what constitutes a reasonable investigation under [subsection (c)(3)](#c-3) and the general types of evidence that could support a prima facie case that the [mark](/usc/15/1127.md) was not in [use in commerce](/usc/15/1127.md) on or in connection with a good or service on or before the [relevant date](#b), but the [Director](/usc/15/1127.md) shall retain discretion to determine whether a prima facie case is set out in a particular proceeding.
  - (3) **Determination by Director—** Any determination by the [Director](/usc/15/1127.md) whether or not to [institute](/usc/15/9401.md?p=7) a reexamination proceeding under this section shall be final and non-reviewable, and shall not prejudice any party’s right to raise any issue and rely on any evidence in any other proceeding, except as provided in [subsection (j)](#j).
- (e) **Reexamination procedures—** The procedures for reexamination shall be the same as the procedures established under [section 1062(b) of this title](/usc/15/1062.md?p=b) except that the [Director](/usc/15/1127.md) shall promulgate regulations establishing and governing a proceeding under this section, which may include regulations that—
  - (1) set response and extension times particular to this type of proceeding, which, notwithstanding [section 1062(b)(3) of this title](/usc/15/1062.md?p=b-3), need not be extendable to 6 months;
  - (2) set limits governing the timing and number of petitions filed for a particular registration or by a particular petitioner or real parties in interest; and
  - (3) define the relation of a reexamination proceeding under this section to other proceedings concerning the [mark](/usc/15/1127.md).
- (f) **Registrant’s evidence of use—** A [registrant](/usc/15/1127.md)’s documentary evidence of use shall be consistent with when a [mark](/usc/15/1127.md) shall be deemed to be in [use in commerce](/usc/15/1127.md) under the definition of “[use in commerce](/usc/15/1127.md)” in [section 1127 of this title](/usc/15/1127.md), but shall not be limited in form to that of specimens as provided in [section 1051(a) of this title](/usc/15/1051.md?p=a).
- (g) **Examiner’s decision; order to cancel—** For each good or service for which it is determined that the registration should not have issued because the [mark](/usc/15/1127.md) was not in [use in commerce](/usc/15/1127.md) on or before the [relevant date](#b), the examiner shall find that the registration should be cancelled for each such good or service. Unless overturned on review of the examiner’s decision, the [Director](/usc/15/1127.md) shall issue an [order](/usc/15/8702.md?p=14) cancelling the registration, in whole or in part, after the time for appeal has expired or any appeal proceeding has terminated.
- (h) **Reexamination by Director—**
  - (1) **In general—** The [Director](/usc/15/1127.md) may, on the [Director](/usc/15/1127.md)’s own [initiative](/usc/15/9401.md?p=5), [institute](/usc/15/9401.md?p=7) an ex parte reexamination proceeding if the [Director](/usc/15/1127.md) discovers information that supports a prima facie case of the [mark](/usc/15/1127.md) having not been used in commerce on or in connection with some or all of the goods or services covered by the registration on or before the [relevant date](#b). The [Director](/usc/15/1127.md) shall promptly notify the [registrant](/usc/15/1127.md) of such determination, at which time reexamination shall proceed according to the same procedures established pursuant to [subsection (e)](#e). If the [Director](/usc/15/1127.md) determines, based on the [Director](/usc/15/1127.md)’s own [initiative](/usc/15/9401.md?p=5), to [institute](/usc/15/9401.md?p=7) an ex parte reexamination proceeding, the [Director](/usc/15/1127.md) shall transmit or make available the information that formed the basis for that determination as part of the institution notice.
  - (2) **Rule of construction—** Nothing in this subsection shall be construed to limit any other [authority](/usc/15/3051.md?p=1) of the [Director](/usc/15/1127.md).
- (i) **Time for institution—** A petition for ex parte reexamination may be filed, or the [Director](/usc/15/1127.md) may [institute](/usc/15/9401.md?p=7) on the [Director](/usc/15/1127.md)’s own [initiative](/usc/15/9401.md?p=5) an ex parte reexamination proceeding, at any time not later than 5 years after the date of registration of a [mark](/usc/15/1127.md) registered based on [use in commerce](/usc/15/1127.md).
- (j) **Limitation on later ex parte reexamination proceedings—**
  - (1) **No co-pending proceedings—** With respect to a particular registration, while an ex parte reexamination proceeding is pending, no later ex parte reexamination proceeding may be instituted with respect to the same goods or services that are the subject of a pending ex parte reexamination proceeding.
  - (2) **Estoppel—** With respect to a particular registration, for any goods or services previously subject to an instituted ex parte reexamination proceeding for which, in that proceeding, it was determined that the [registrant](/usc/15/1127.md) had used the [mark](/usc/15/1127.md) for particular goods or services before the [relevant date](#b), and the registration was not cancelled as to those goods or services, no further ex parte reexamination proceedings may be initiated as to those goods or services, regardless of the identity of the petitioner.
- (k) **Supplemental register—** The provisions of [subsection (b)](#b) apply, as appropriate, to registrations under [section 1091 of this title](/usc/15/1091.md). Nothing in this section shall be construed to limit the timing of a cancellation action under [section 1092 of this title](/usc/15/1092.md).

# §1067. Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board

- (a) In every case of interference, opposition to registration, [application](/usc/15/77ccc.md?p=8) to register as a lawful concurrent user, or [application](/usc/15/77ccc.md?p=8) to cancel the registration of a [mark](/usc/15/1127.md), the [Director](/usc/15/1127.md) shall give notice to all parties and shall direct a [Trademark](/usc/15/1127.md) Trial and Appeal [Board](/usc/15/205c.md?p=1) to determine and decide the respective rights of registration.
- (b) The [Trademark](/usc/15/1127.md) Trial and Appeal [Board](/usc/15/205c.md?p=1) shall include the [Director](/usc/15/1127.md), Deputy[^1] [Director](/usc/15/1127.md) of the United States Patent and [Trademark](/usc/15/1127.md) Office[^2] the Commissioner for Patents, the Commissioner for [Trademarks](/usc/15/1127.md), and administrative [trademark](/usc/15/1127.md) judges who are appointed by the Secretary of Commerce, in consultation with the [Director](/usc/15/1127.md).
- (c) **Authority of the Secretary.—** The Secretary of Commerce may, in his or her discretion, deem the appointment of an administrative [trademark](/usc/15/1127.md) judge who, before August 12, 2008, held office pursuant to an appointment by the [Director](/usc/15/1127.md) to take effect on the date on which the [Director](/usc/15/1127.md) initially appointed the administrative [trademark](/usc/15/1127.md) judge.
- (d) **Defense to Challenge of Appointment.—** It shall be a defense to a challenge to the appointment of an administrative [trademark](/usc/15/1127.md) judge on the basis of the judge’s having been originally appointed by the [Director](/usc/15/1127.md) that the administrative [trademark](/usc/15/1127.md) judge so appointed was acting as a de facto officer.

# §1068. Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation


In such proceedings the [Director](/usc/15/1127.md) may refuse to register the opposed [mark](/usc/15/1127.md), may cancel the registration, in whole or in part, may modify the [application](/usc/15/77ccc.md?p=8) or registration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the register the registration of a [registered mark](/usc/15/1127.md), may refuse to register any or all of several interfering [marks](/usc/15/1127.md), or may register the [mark](/usc/15/1127.md) or [marks](/usc/15/1127.md) for the [person](/usc/15/1127.md) or [persons](/usc/15/1127.md) entitled thereto, as the rights of the parties under this chapter may be established in the proceedings. The [authority](/usc/15/3051.md?p=1) of the [Director](/usc/15/1127.md) under this section includes the [authority](/usc/15/3051.md?p=1) to reconsider, and modify or set aside, a decision of the [Trademark](/usc/15/1127.md) Trial and Appeal [Board](/usc/15/205c.md?p=1): Provided, That in the case of the registration of any [mark](/usc/15/1127.md) based on concurrent use, the [Director](/usc/15/1127.md) shall determine and fix the conditions and limitations provided for in subsection (d) of [section 1052 of this title](/usc/15/1052.md). However, no final judgment shall be entered in favor of an [applicant](/usc/15/1127.md) under [section 1051(b) of this title](/usc/15/1051.md?p=b) before the [mark](/usc/15/1127.md) is registered, if such [applicant](/usc/15/1127.md) cannot prevail without establishing constructive use pursuant to [section 1057(c) of this title](/usc/15/1057.md?p=c).