15 USC § 1070 - Appeals to Trademark Trial and Appeal Board from decisions of examiners

---
identifier: "/us/usc/t15/s1070"
source: "usc"
legal_status: "official_prima_facie"
title: "15 USC § 1070 - Appeals to Trademark Trial and Appeal Board from decisions of examiners"
title_number: 15
title_name: "COMMERCE AND TRADE"
section_number: "1070"
section_name: "Appeals to Trademark Trial and Appeal Board from decisions of examiners"
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, § 20, 60 Stat. 435; Pub. L. 85–609, § 1(b), Aug. 8, 1958, 72 Stat. 540; Pub. L. 116–260, div. Q, title II, §§ 225(d)(1), 228(a)(2), Dec. 27, 2020, 134 Stat. 2207, 2210.)"
---


# § 1070. Appeals to Trademark Trial and Appeal Board from decisions of examiners

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 or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding 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.

---

**Source Credit**: (July 5, 1946, ch. 540, title I, § 20, 60 Stat. 435; Pub. L. 85–609, § 1(b), Aug. 8, 1958, 72 Stat. 540; Pub. L. 116–260, div. Q, title II, §§ 225(d)(1), 228(a)(2), Dec. 27, 2020, 134 Stat. 2207, 2210.)

## Editorial Notes

### Prior Provisions

, §§ 8, 13, , 728.

### Amendments

2020—, inserted “The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.” at end.

, inserted “or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding” after “registration of marks”.

1958— substituted “Trademark Trial and Appeal Board” for “Commissioner in person” and “fee” for “fees”, and struck out “of interferences or” after “examiner in charge”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2020 Amendment

Amendment by  effective upon the expiration of the 1-year period beginning on , and applicable to any mark registered before, on, or after that effective date, see , set out as a note under .

### Effective Date of 1958 Amendment

For effective date and applicability of amendment by , 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

For construction of amendment made by  regarding Director’s authority before , and authority with respect to particular decisions, see , set out as a note under .

### Reorganization Plan No. 5 of 1950

Amendment by  as subject to Reorganization Plan No. 5 of 1950, see note 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.