Title 15 — Commerce and TradeRelease 119-73
§1063 Opposition to registration
Title 15 › Chapter CHAPTER 22— - TRADEMARKS › Subchapter SUBCHAPTER I— - THE PRINCIPAL REGISTER › § 1063
Summary
Anyone who thinks they would be harmed by a trademark being put on the principal register, including marks likely to dilute another mark under 1125(c), may file an opposition with the Patent and Trademark Office within 30 days after the mark is published under 1062(a). They must pay a fee and say why. A written request before the 30‑day deadline can add 30 more days. The Director may allow more extensions for good cause if asked before an extension ends and will notify the applicant. Oppositions can be amended as the Director allows. If an opposition does not succeed, the Office must register marks from applications under 1051(a) or 1126, issue a registration certificate, and publish the registration in the Official Gazette. For applications under 1051(b), the Office must issue a notice of allowance.
Full Legal Text
Title 15, §1063
Commerce and Trade — Source: USLM XML via OLRC
(a)Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title, 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 1062 of this title 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 1051(a) of this title or pursuant to section 1126 of this title 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 1051(b) of this title.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Acts Feb. 20, 1905, ch. 592, §§ 6, 7, 33 Stat. 726; Mar. 2, 1907, ch. 2573, § 2, 34 Stat. 1252.
Amendments
2006—Subsec. (a). Pub. L. 109–312 substituted “the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment” for “as a result of dilution”. 1999—Subsec. (a). Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing. Pub. L. 106–43 inserted “, including as a result of dilution under section 1125(c) of this title,” after “principal register” in first sentence. 1988—Pub. L. 100–667 designated existing provisions as subsec. (a), substituted “prescribed fee” for “required fee”, and added subsec. (b). 1982—Pub. L. 97–247 substituted “an” for “a verified” after “required fee, file”, inserted “when requested prior to the expiration of an extension” after “Commissioner for good cause” and struck out provision that an unverified opposition could be filed by a duly authorized attorney, but such opposition would be null and void unless verified by the opposer within a reasonable time after such filing is fixed by the Commissioner. 1975—Pub. L. 93–600 substituted provisions relating to extensions of time for filing opposition upon written request prior to the expiration of the thirty-day period for an additional thirty days, and further extensions for good cause, for provisions relating to extensions of the time for filing opposition for good cause shown. Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”. 1962—Pub. L. 87–772 inserted “An opposition may be amended under such conditions as may be prescribed by the Commissioner”, and struck out “notice of” after “file a verified” and “time for filing”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1999
Amendments
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. Amendment by Pub. L. 106–43 effective Aug. 5, 1999, and applicable only to any application for registration filed on or after Jan. 16, 1996, see section 2(e) of Pub. L. 106–43, set out as a note under section 1052 of this title.
Effective Date
of 1988 AmendmentAmendment 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 1982 AmendmentAmendment by Pub. L. 97–247 effective six months after Aug. 27, 1982, see section 17(c) of Pub. L. 97–247, set out as a note under section 294 of Title 35, Patents.
Effective Date
of 1975
Amendments
Pub. L. 93–600, § 4, Jan. 2, 1975, 88 Stat. 1955, provided that: “This Act [amending this section and section 1071 and 1117 of this title] shall become effective upon enactment [Jan. 2, 1975], but shall not affect any suit, proceeding, or appeal then pending.” 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 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.
Reference
Citations & Metadata
Citation
15 U.S.C. § 1063
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73