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U.S. Code as of:
01/19/04
Section 1063. Opposition to registration
(a) Any person who believes that he would be damaged by the
registration of a mark upon the principal register, including as a
result of dilution 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.
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