Statutory Authority of Director

The United States Patent and Trademark Office (USPTO) is led by

the Under Secretary of Commerce for Intellectual Property and Director of the United States

Patent and Trademark Office (Director).  The Commissioner for Trademarks oversees the staff

and operations of the USPTO with regard to trademark matters.

35 U.S.C.

§3(b)(2)

.

The Patent and Trademark Office Efficiency Act, Subtitle G of

the American Inventors Protection Act of 1999, Pub. L. 106-113, 113 Stat. 1501A-572, amended

Title 35 of the United States Code to reorganize the USPTO as a performance-based organization

within the Department of Commerce.

See Reestablishment of the Patent and Trademark

Office as the United States Patent and Trademark Office,

1234 TMOG 41 (May 9,

2000).  Section 4732(b)(1)(B) of the Patent and Trademark Office Efficiency Act, 113 Stat.

1501A-583, amended the Trademark Act of 1946,

15 U.S.C.

1051

et seq.

(except for §17) to strike “Commissioner” in each place that it

appears and substitute “Director.”  Section 4741(b) of the Patent and Trademark Office

Efficiency Act, 113 Stat. 1501A-586, provides that:

Any reference in any other Federal law, Executive order, rule,

regulation, or delegation of authority, or any document of or pertaining to the Patent and

Trademark Office-

(1) to the Commissioner of Patents and Trademarks is deemed to

refer to the Under Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office; [and]

* * *

01A-586, provides that:

Any reference in any other Federal law, Executive order, rule,

regulation, or delegation of authority, or any document of or pertaining to the Patent and

Trademark Office-

(1) to the Commissioner of Patents and Trademarks is deemed to

refer to the Under Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office; [and]

* * *

(3) to the Assistant Commissioner for Trademarks is deemed to

refer to the Commissioner for Trademarks.

Under

15 U.S.C.

§1123

and

35 U.S.C.

§2(b)(2)

,  the Director may establish regulations for the conduct of

proceedings in the USPTO.

Citation to decisions issued by the Director on petition on or

after March 29, 2000 must include a parenthetical reference to “(Dir USPTO <specify

year>).”  Citation to decisions issued by the Commissioner for Patents and Trademarks prior

to March 29, 2000 will reference “(Comm’r Pats. <specify year>).”

Delegation of Director’s Authority

Pursuant to

35 U.S.C. §3(a) and (b)

, the Director has delegated the

authority to the Commissioner for Trademarks to decide trademark-related petitions filed under

37 C.F.R. §§2.66

,

2.146

, and

2.147

and to exercise supervisory authority in

trademark-related matters pursuant to

35 U.S.C. §2

.

Under

35 U.S.C. §3(b)(3)(B)

and

37 C.F.R. §2.146(h)

, the Commissioner for Trademarks may delegate this

authority to the Deputy Commissioner for Trademark Examination Policy or the Deputy

Commissioner for Trademark Operations, who may further delegate the authority.

Authority to decide trademark-related petitions filed under

37 C.F.R. §§2.146

and

2.147

has been delegated to the Deputy Commissioner for

Trademark Examination Policy, who has further delegated authority to appropriate officials

within the Office of Petitions.

Further, pursuant to

35 U.S.C. §3(a)-(b)

, the Director has delegated to the Commissioner for

Trademarks the authority to impose sanctions or actions permitted under

37 C.F.R. §11.18(c)

, as deemed appropriate in trademark matters

been delegated to the Deputy Commissioner for

Trademark Examination Policy, who has further delegated authority to appropriate officials

within the Office of Petitions.

Further, pursuant to

35 U.S.C. §3(a)-(b)

, the Director has delegated to the Commissioner for

Trademarks the authority to impose sanctions or actions permitted under

37 C.F.R. §11.18(c)

, as deemed appropriate in trademark matters. The

Director has also provided that such authority may be further delegated by the Commissioner.

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