# TMEP § 1701: Statutory Authority of Director

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1701

## Section

- **Citation:** TMEP § 1701
- **Heading:** Statutory Authority of Director
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 1700 - Petitions, Requests for Reinstatement, and Other Matters Submitted to Director / TMEP § 1701

## Text

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 ).”  Citation to decisions issued by the Commissioner for Patents and Trademarks prior
to March 29, 2000 will reference “(Comm’r Pats. ).”
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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## Nearby sections

- [TMEP § 1701 Statutory Authority of Director](https://www.frixlaw.com/law-library/statutes/TMEP_S1701.md)
- [TMEP § 1702 Petitions to the Director Under 37 C.F.R. §2.146 - In General](https://www.frixlaw.com/law-library/statutes/TMEP_S1702.md)
- [TMEP § 1703 Specific Types of Petitions](https://www.frixlaw.com/law-library/statutes/TMEP_S1703.md)
- [TMEP § 1704 Petitionable Subject Matter](https://www.frixlaw.com/law-library/statutes/TMEP_S1704.md)
- [TMEP § 1705 Petition Procedure](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.md)
- [TMEP § 1705.01 Standing](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.01.md)
- [TMEP § 1705.02 Petition Fee](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.02.md)
- [TMEP § 1705.03 Evidence and Proof of Facts](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.03.md)
- [TMEP § 1705.04 Timeliness](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.04.md)
- [TMEP § 1705.05 Due Diligence](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.05.md)
- [TMEP § 1705.06 Stay or Suspension of Pending Matters](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.06.md)
- [TMEP § 1705.07(a) Requirement for Representation of Non-U.S.-domiciled Petitioner](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.07(a).md)
- [TMEP § 1705.07(b) Signature of Petition](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.07(b).md)
- [TMEP § 1705.08 Request for Reconsideration of Denial of Petition](https://www.frixlaw.com/law-library/statutes/TMEP_S1705.08.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1701. Check the current official text before relying on it. Not legal advice.
