# § 1092. Publication; not subject to opposition; cancellation
Marks for the supplemental register shall not be published for or be subject to opposition, but shall be published on registration in the Official Gazette of the Patent and Trademark Office. Whenever any person believes that such person is or will be damaged by the registration of a mark on the supplemental register—
**(1)** for which the effective filing date is after the date on which such person’s mark became famous and which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title; or
**(2)** on grounds other than dilution by blurring or dilution by tarnishment,
such person may at any time, upon payment of the prescribed fee and the filing of a petition stating the ground therefor, apply to the Director to cancel such registration. The Director shall refer such application to the Trademark Trial and Appeal Board which shall give notice thereof to the registrant. If it is found after a hearing before the Board that the registrant is not entitled to registration, or that the mark has been abandoned, the registration shall be canceled by the Director, unless the Director reconsiders the decision of the Board, and modifies or sets aside, such decision. However, no final judgment shall be entered in favor of an applicant under section 1051(b) of this title before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to section 1057(c) of this title.
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**Source Credit**: (July 5, 1946, ch. 540, title II, § 24, 60 Stat. 436; Pub. L. 85–609, § 1(d), Aug. 8, 1958, 72 Stat. 540; Pub. L. 87–772, § 14, Oct. 9, 1962, 76 Stat. 773; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100–667, title I, § 122, Nov. 16, 1988, 102 Stat. 3943; Pub. L. 106–43, § 2(d), Aug. 5, 1999, 113 Stat. 218; 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. 109–312, § 3(d), Oct. 6, 2006, 120 Stat. 1732; Pub. L. 116–260, div. Q, title II, § 228(a)(3), Dec. 27, 2020, 134 Stat. 2210.)
## Editorial Notes
### Prior Provisions
, .
### Amendments
2020— inserted “, unless the Director reconsiders the decision of the Board, and modifies or sets aside, such decision” after “shall be canceled by the Director” in concluding provisions.
2006— amended second sentence generally. Prior to amendment, second sentence read as follows: “Whenever any person believes that he is or will be damaged by the registration of a mark on this register, including as a result of dilution under , he may at any time, upon payment of the prescribed fee and the filing of a petition stating the ground therefor, apply to the Director to cancel such registration.” The words following “tarnishment,” in second sentence are shown as a flush provision notwithstanding directory language showing them as part of cl. (2), to reflect the probable intent of Congress.
1999— substituted “Director” for “Commissioner” wherever appearing.
inserted “, including as a result of dilution under ,” after “register” in second sentence.
1988— struck out “verified” after “filing of a”, substituted “is not entitled to registration,” for “was not entitled to register the mark at the time of his application for registration thereof,” struck out “is not used by the registrant or” after “that the mark”, and inserted provision that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use.
1975— substituted “Patent and Trademark Office” for “Patent Office”.
1962— provided for payment of the prescribed fee and the filing of a verified petition.
1958— substituted provisions requiring the Commissioner to refer applications to the Trademark Trial and Appeal Board for provisions which required referral to the examiner in charge of interferences.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1999 Amendments
Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.
Amendment by effective , and applicable only to any application for registration filed on or after , see , set out as a note under .
### Effective Date of 1988 Amendment
Amendment by effective one year after , see , set out as a note under .
### Effective Date of 1975 Amendment
Amendment by effective , 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.