# § 1068. Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation
*Provided*section 1052 of this titlesection 1051(b) of this titlesection 1057(c) of this title
In such proceedings the Director may refuse to register the opposed mark, may cancel the registration, in whole or in part, may modify the application or registration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the register the registration of a registered mark, may refuse to register any or all of several interfering marks, or may register the mark or marks for the person or persons entitled thereto, as the rights of the parties under this chapter may be established in the proceedings. The authority of the Director under this section includes the authority to reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board: , That in the case of the registration of any mark based on concurrent use, the Director shall determine and fix the conditions and limitations provided for in subsection (d) of . However, no final judgment shall be entered in favor of an applicant under before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to .
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**Source Credit**: (July 5, 1946, ch. 540, title I, § 18, 60 Stat. 434; Pub. L. 100–667, title I, § 118, 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; Pub. L. 116–260, div. Q, title II, § 228(a)(1), Dec. 27, 2020, 134 Stat. 2209.)
## Editorial Notes
### Prior Provisions
, §§ 7, 13, , 728.
### Amendments
2020— inserted “. The authority of the Director under this section includes the authority to reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board” after “established in the proceedings”.
1999— substituted “Director” for “Commissioner” in two places.
1988— substituted “the registration, in whole or in part, may modify the application or registration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the register” for “or restrict”, and “may refuse” for “or may refuse”, and inserted provisions that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use.
## 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 .
### 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 .
### Construction of 2020 Amendment
> **“(1)** **Authority before date of enactment.—** The amendments made by subsection (a) [amending this section and sections 1070 and 1092 of this title] shall not be construed to mean that the Director lacked the authority to reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board before the date of enactment of this Act [Dec. 27, 2020].
>
> **“(2)** **Authority with respect to particular decisions.—** The amendments made by subsection (a) shall not be construed to require the Director to reconsider, modify, or set aside any particular decision of the Trademark Trial and Appeal Board.”
, , , provided that:
[“Director” as used in , set out above, means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, see , set out as a note 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.