1701 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]

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(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 and §2.146, 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.

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.

Authority to decide trademark-related petitions filed under 37 C.F.R. §2.146 has been delegated to the Deputy Commissioner for Trademark Examination Policy, who has further delegated authority to appropriate officials within the Office of Petitions.