15 USC 1063
Opposition to registration

This document contains one section of the U.S. Trademark Act (found in Title 15 of the United States Code). This page was last updated in November 2005. All of the sections of the Trademark Act are listed on the Index page. A word index is also available.

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§1063. Opposition to registration

(a)

Any person who believes that he would be damaged by the registration of a mark upon the principal register, including as a result of dilution under section 43(c) [15 USC 1125(c)], may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of section 12 of this Act [15 USC 1062] of the mark 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 for good cause when requested prior to the expiration of an extension. The Director shall notify the applicant of each extension of the time for filing opposition. An opposition may be amended under such conditions as may be prescribed by the Director.

(b)

Unless registration is successfully opposed--

(1)

a mark entitled to registration on the principal register based on an application filed under section 1(a) [15 USC 1051(a)] or pursuant to section 44 [15 USC 1126] shall be registered in the Patent and Trademark 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 Office; or

(2)

a notice of allowance shall be issued to the applicant if the applicant applied for registration under section 1(b) [15 USC 1051(b)].