Title 15Commerce and TradeRelease 119-73

§1119 Power of court over registration

Title 15 › Chapter CHAPTER 22— - TRADEMARKS › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 1119

Last updated Apr 6, 2026|Official source

Summary

In trademark cases, a court can decide who has the right to a registration, cancel or restore registrations, and fix the register. It must send its order to the PTO Director, who updates the records.

Full Legal Text

Title 15, §1119

Commerce and Trade — Source: USLM XML via OLRC

In any action involving a registered mark the court may determine the right to registration, order the cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Director, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Act Feb. 20, 1905, ch. 592, § 22, 33 Stat. 729.

Amendments

1999—Pub. L. 106–113 substituted “Director” for “Commissioner”. 1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

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 1975 AmendmentAmendment 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. § 1119

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73