15 U.S.C. § 1070
Section 1070 · Appeals to Trademark Trial and Appeal Board from decisions of examiners
This is § 20 of the Trademark Act of 1946 (Lanham Act)
Amended 3 times on record
Applied in 7 court decisions — leading case Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd. (2007)
Most recently applied in Piano Factory Group, Inc. v. Schiedmayer Celesta Gmbh (September 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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 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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendment of Section
Pub. L. 116–260, div. Q, title II, §225(d)(1), (g), Dec. 27, 2020, 134 Stat. 2207, 2208, provided that, 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, this section is amended by inserting "or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding" after "registration of marks". See 2020 Amendment note below.
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".
Effective Date of 2020 Amendment
Amendment 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 Amendment
For 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 Rights
Repeal 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 Amendment
For 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.
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.
Reorganization Plan No. 5 of 1950
Amendment by Pub. L. 85–609 as subject to Reorganization Plan No. 5 of 1950, see note set out under section 1067 of this title.