15 USC § 1066 - Interference; declaration by Director

---
identifier: "/us/usc/t15/s1066"
source: "usc"
legal_status: "official_prima_facie"
title: "15 USC § 1066 - Interference; declaration by Director"
title_number: 15
title_name: "COMMERCE AND TRADE"
section_number: "1066"
section_name: "Interference; declaration by Director"
chapter_number: 22
chapter_name: "TRADEMARKS"
subchapter_number: "I"
subchapter_name: "THE PRINCIPAL REGISTER"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(July 5, 1946, ch. 540, title I, § 16, 60 Stat. 434; Pub. L. 87–772, § 11, Oct. 9, 1962, 76 Stat. 771; Pub. L. 97–247, § 11, Aug. 27, 1982, 96 Stat. 321; Pub. L. 100–667, title I, § 117, Nov. 16, 1988, 102 Stat. 3941; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.)"
---


# § 1066. Interference; declaration by Director

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.

---

**Source Credit**: (July 5, 1946, ch. 540, title I, § 16, 60 Stat. 434; Pub. L. 87–772, § 11, Oct. 9, 1962, 76 Stat. 771; Pub. L. 97–247, § 11, Aug. 27, 1982, 96 Stat. 321; Pub. L. 100–667, title I, § 117, Nov. 16, 1988, 102 Stat. 3941; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.)

## Editorial Notes

### Prior Provisions

, .

### Amendments

1999— substituted “Director” for “Commissioner”.

1988— 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— 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— struck out “purchasers” after “or to deceive”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1999 Amendment

Amendment by  effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.

### Effective Date of 1988 Amendment

Amendment by  effective one year after , see , set out as a note under .

### Effective Date of 1982 Amendment

Amendment by  effective six months after , see , set out as a note under , Patents.

### 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 .

## 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. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.