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LegalText 15 U.S.C. § 1066 Interference; declaration by Director us united_states_code code_section 15 COMMERCE AND TRADE 22 TRADEMARKS 1066 15 U.S.C. § 1066 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s1066 data/legal/raw/us/code/title-15/usc15.xml 32702feb470a8129e9bf6bce66a6e56518a3ec3b2468744603d736079696bddb 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 33d30fc21ba9688d29691de735023ce7674b89b1f6ea205080dcaa6d5511a504 2026-07-04 official
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15 U.S.C. § 1066 - Interference; declaration by Director

Text

Upon petition showing extraordinary circumstances, the Director may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when used on or in connection with the goods or services of the applicant to cause confusion or mistake or to deceive. No interference shall be declared between an application and the registration of a mark the right to the use of which has become incontestable.

(July 5, 1946, ch. 540, title I, § 16, 60 Stat. 434; Pub. L. 87772, § 11, Oct. 9, 1962, 76 Stat. 771; Pub. L. 97247, § 11, Aug. 27, 1982, 96 Stat. 321; Pub. L. 100667, title I, § 117, Nov. 16, 1988, 102 Stat. 3941; Pub. L. 106113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A583.)

Notes

Editorial Notes

Prior ProvisionsAct Feb. 20, 1905, ch. 592, § 7, 33 Stat. 726.

Amendments1999—Pub. L. 106113 substituted “Director” for “Commissioner”. 1988—Pub. L. 100667 substituted “used on or in connection with the goods or services” for “applied to the goods or when used in connection with the services”. 1982—Pub. L. 97247 substituted “Upon petition showing extraordinary circumstances, the Commissioner may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive” for “Whenever application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive, the Commissioner may declare that an interference exists”. 1962—Pub. L. 87772 struck out “purchasers” after “or to deceive”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 AmendmentAmendment by Pub. L. 106113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106113, set out as a note under section 1 of Title 35, Patents.

Effective Date of 1988 AmendmentAmendment by Pub. L. 100667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100667, set out as a note under section 1051 of this title.

Effective Date of 1982 AmendmentAmendment by Pub. L. 97247 effective six months after Aug. 27, 1982, see section 17(c) of Pub. L. 97247, set out as a note under section 294 of Title 35, Patents.

Repeal and Effect on Existing RightsRepeal 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 Documents

Transfer 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.