Title 15Commerce and TradeRelease 119-73

§1070 Appeals to Trademark Trial and Appeal Board from decisions of examiners

Title 15 › Chapter CHAPTER 22— - TRADEMARKS › Subchapter SUBCHAPTER I— - THE PRINCIPAL REGISTER › § 1070

Last updated Apr 6, 2026|Official source

Summary

You can appeal a final decision by the trademark examiner to the Trademark Trial and Appeal Board if you pay the required fee. The Director can review the Board’s decision and change or cancel it.

Full Legal Text

Title 15, §1070

Commerce and Trade — Source: USLM XML via OLRC

An appeal may be taken to the Trademark Trial and Appeal Board from any final decision of the examiner in charge of the registration of marks or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding upon the payment of the prescribed fee. The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Act Feb. 20, 1905, ch. 592, §§ 8, 13, 33 Stat. 726, 728.

Amendments

2020—Pub. L. 116–260, § 228(a)(2), inserted “The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.” at end. Pub. L. 116–260, § 225(d)(1), inserted “or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding” after “registration of marks”. 1958—Pub. L. 85–609 substituted “Trademark Trial and Appeal Board” for “Commissioner in person” and “fee” for “fees”, and struck out “of interferences or” after “examiner in charge”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 AmendmentAmendment by section 225(d)(1) of div. Q of Pub. L. 116–260 effective upon the expiration of the 1-year period beginning on Dec. 27, 2020, and applicable to any mark registered before, on, or after that

Effective Date

, see section 225(g) of div. Q of Pub. L. 116–260, set out as a note under section 1064 of this title.

Effective Date

of 1958 AmendmentFor

Effective Date

and applicability of amendment by Pub. L. 85–609, see section 3 of Pub. L. 85–609, set out as a note under section 1067 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.

Construction

of 2020 AmendmentFor

Construction

of amendment made by section 228(a)(2) of div. Q of Pub. L. 116–260 regarding Director’s authority before Dec. 27, 2020, and authority with respect to particular decisions, see section 228(b) of div. Q of Pub. L. 116–260, set out as a note under section 1068 of this title. Reorganization Plan No. 5 of 1950Amendment by Pub. L. 85–609 as subject to Reorganization Plan No. 5 of 1950, see note set out under section 1067 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. § 1070

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73