Trademark Law Updates | New Statutes, Regulations and Rules
August 18, 2008
President Bush Signs into Law Bill on Appointment of Admin Trademark and Patent Judges, But Constitutional Questions Still Linger
To amend Title 35, United States Code, and the Trademark Act of 1946
H.R.6362, S.3295, 8/12/2008
U.S. President George Bush signed into law on August 12, 2008 a bill that transfers back the power to appoint administrative trademark and patent judges from the U.S. Patent and Trademark Office to the Secretary of Commerce, but constitutional questions still linger.
Previously, under the Intellectual Property and Communications Reform Act of 1999 (IPCRA”), the power to appoint was transferred from the Secretary of Commerce to the USPTO Director. The new law will now vest such power back to the Commerce Secretary after the constitutionality of such grant of power to the USPTO was challenged before the U.S. Supreme Court in…
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