Title 15Commerce and TradeRelease 119-73

§1066 Interference; declaration by Director

Title 15 › Chapter CHAPTER 22— - TRADEMARKS › Subchapter SUBCHAPTER I— - THE PRINCIPAL REGISTER › § 1066

Last updated Apr 6, 2026|Official source

Summary

If a petition shows extraordinary circumstances, the Director can declare an interference when a trademark application so resembles an earlier registration or application that confusion is likely. No interference can be declared if the earlier registration has become incontestable.

Full Legal Text

Title 15, §1066

Commerce and Trade — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Amendments

1999—Pub. L. 106–113 substituted “Director” for “Commissioner”. 1988—Pub. L. 100–667 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. 97–247 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. 87–772 struck out “purchasers” after “or to deceive”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1999 AmendmentAmendment 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.

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. 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. § 1066

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73