PlainSite :: Laws and Regulations :: United States Code, 15 U.S.C. § 1051: Title 15, Chapter 22, Sub-Chapter I, Section 1051 :: §1051. Application for registration; verification

Laws and Regulations, United States Code
15 U.S.C. § 1051: Title 15, Chapter 22, Sub-Chapter I, Section 1051
§1051. Application for registration; verification

No tags have been applied so far. Sign in to add some.

Text

Notes (25)

Related Statutes (0)

Related Court Cases (4,428)

Forum Shopping

Previous Section

Next Section

Select any part of the text below to annotate and link to court cases. (Remember to sign in to receive credit for your contributions.)

(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.

(2) The application shall include specification of the applicant's domicile and citizenship, the date of the applicant's first use of the mark, the date of the applicant's first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.

(3) The statement shall be verified by the applicant and specify that--

(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;

(B) to the best of the verifier's knowledge and belief, the facts recited in the application are accurate;

(C) the mark is in use in commerce; and

(D) to the best of the verifier's knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall--

(i) state exceptions to the claim of exclusive use; and

(ii) shall 1 specify, to the extent of the verifier's knowledge--

(I) any concurrent use by others;

(II) the goods on or in connection with which and the areas in which each concurrent use exists;

(III) the periods of each use; and

(IV) the goods and area for which the applicant desires registration.

(4) The applicant shall comply with such rules or regulations as may be prescribed by the Director. The Director shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.

(1) A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director.

(2) The application shall include specification of the applicant's domicile and citizenship, the goods in connection with which the applicant has a bona fide intention to use the mark, and a drawing of the mark.

(3) The statement shall be verified by the applicant and specify--

(A) that the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be entitled to use the mark in commerce;

(B) the applicant's bona fide intention to use the mark in commerce;

(C) that, to the best of the verifier's knowledge and belief, the facts recited in the application are accurate; and

(D) that, to the best of the verifier's knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive.

Except for applications filed pursuant to section 1126 of this title, no mark shall be registered until the applicant has met the requirements of subsections (c) and (d) of this section.

At any time during examination of an application filed under subsection (b) of this section, an applicant who has made use of the mark in commerce may claim the benefits of such use for purposes of this chapter, by amending his or her application to bring it into conformity with the requirements of subsection (a) of this section.

(1) Within six months after the date on which the notice of allowance with respect to a mark is issued under section 1063(b)(2) of this title to an applicant under subsection (b) of this section, the applicant shall file in the Patent and Trademark Office, together with such number of specimens or facsimiles of the mark as used in commerce as may be required by the Director and payment of the prescribed fee, a verified statement that the mark is in use in commerce and specifying the date of the applicant's first use of the mark in commerce and those goods or services specified in the notice of allowance on or in connection with which the mark is used in commerce. Subject to examination and acceptance of the statement of use, the mark shall be registered in the Patent and Trademark Office, a certificate of registration shall be issued for those goods or services recited in the statement of use for which the mark is entitled to registration, and notice of registration shall be published in the Official Gazette of the Patent and Trademark Office. Such examination may include an examination of the factors set forth in subsections (a) through (e) of section 1052 of this title. The notice of registration shall specify the goods or services for which the mark is registered.

(2) The Director shall extend, for one additional 6-month period, the time for filing the statement of use under paragraph (1), upon written request of the applicant before the expiration of the 6-month period provided in paragraph (1). In addition to an extension under the preceding sentence, the Director may, upon a showing of good cause by the applicant, further extend the time for filing the statement of use under paragraph (1) for periods aggregating not more than 24 months, pursuant to written request of the applicant made before the expiration of the last extension granted under this paragraph. Any request for an extension under this paragraph shall be accompanied by a verified statement that the applicant has a continued bona fide intention to use the mark in commerce and specifying those goods or services identified in the notice of allowance on or in connection with which the applicant has a continued bona fide intention to use the mark in commerce. Any request for an extension under this paragraph shall be accompanied by payment of the prescribed fee. The Director shall issue regulations setting forth guidelines for determining what constitutes good cause for purposes of this paragraph.

(3) The Director shall notify any applicant who files a statement of use of the acceptance or refusal thereof and, if the statement of use is refused, the reasons for the refusal. An applicant may amend the statement of use.

(4) The failure to timely file a verified statement of use under paragraph (1) or an extension request under paragraph (2) shall result in abandonment of the application, unless it can be shown to the satisfaction of the Director that the delay in responding was unintentional, in which case the time for filing may be extended, but for a period not to exceed the period specified in paragraphs (1) and (2) for filing a statement of use.

If the applicant is not domiciled in the United States the applicant may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, or if the registrant does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.

December 31, 2010 Edition

Export XML

Filter By

From

Judge

Date Filed	Court	Case Number	Title

3/16/2018	Minnesota District Court	0:18-cv-00735	Williams v. Anderson

3/14/2018	New York Southern District Court	1:18-cv-02260	Rios v. RedBubble, Inc.

3/9/2018	Florida Middle District Court	2:18-cv-00154	George & Company LLC v. Spin Master Corp

3/8/2018	New York Southern District Court	1:18-cv-02104	World Gold Trust Services, LLC v. Goldcoin Developers Group LP

3/8/2018	New Jersey District Court	2:18-cv-03323	TELEBRANDS CORP. v. E. MISHAN & SONS, INC.

3/8/2018	New York Southern District Court	1:18-cv-02099	OFF-WHITE LLC v. A445995685

3/5/2018	New York Eastern District Court	1:18-cv-01365	Opteka, Inc. v. National Products Inc

2/27/2018	Illinois Northern District Court	1:18-cv-01470	Principal Financial Services, Inc. v. Principle Realty Group, Inc.

2/21/2018	Minnesota District Court	0:18-cv-00504	Watkins Incorporated v. Le Vecke Corporation

2/20/2018	New York Southern District Court	1:18-cv-01510	Kidville Franchise Company, LLC v. JPK Kid Services, LLC

2/16/2018	California Northern District Court	3:18-cv-01044	TechShop, Inc. v. Rasure

2/14/2018	California Northern District Court	3:18-cv-00953	Levi Strauss & Co. v. i-fe Apparel, Inc.

2/12/2018	California Southern District Court	3:18-cv-00331	Stone Brewing Co., LLC v. Molson Coors Brewing Company

1/30/2018	New York Northern District Court	5:18-cv-00117	Thousand Island Park Corporation v. Welser

1/30/2018	Pennsylvania Middle District Court	3:18-cv-00204	Steer Machine Tool & Die Corp v. SS Niles Bottlestoppers, LLC

1/29/2018	Illinois Northern District Court	1:18-cv-00642	WM. Wrigley Jr. Company v. Get Wrecked Juices LLC

1/29/2018	New York Eastern District Court	1:18-cv-00625	Turn On Products, Inc. v. Almost Famous Apparel, LLC

1/26/2018	Nevada District Court	2:18-cv-00145	Jolie Design & Decor, Inc. v. BB Frosch, LLC

1/26/2018	New York Southern District Court	1:18-cv-00706	Wowwee Group Limited v. Meirly

1/24/2018	New York Eastern District Court	2:18-cv-00498	Global Commodities, Inc. v. Ali Baba Enterprises of NY, Inc.

1/19/2018	New York Eastern District Court	1:18-cv-00409	Rio Grande Games, Inc. v. Pastel Enterprises, Inc.

1/19/2018	New York Eastern District Court	1:18-cv-00391	Nobel Supplies Group LLC v. Amity Holdings LLC

1/18/2018	New York Southern District Court	1:18-cv-00484	COTR Inc. v. XR Brands, Inc.

1/11/2018	Texas Southern District Court	4:18-cv-00094	Fort Bend Pharmacy, Inc. v. Fort Bend RX Pharmacy

1/9/2018	Pennsylvania Eastern District Court	2:18-cv-00054	FROMPOVICZ v. NIAGARA BOTTLING, LLC

1/5/2018	New York Southern District Court	1:18-cv-00101	Dada Media, Inc. v. Mon Cheri Bridals, LLC

1/4/2018	New Jersey District Court	2:18-cv-00124	CELGENE CORPORATION v. TARUN GARG

1/4/2018	New Jersey District Court	2:18-cv-00127	CELGENE CORPORATION v. GLOBAL CARE RX

1/4/2018	New York Southern District Court	1:18-cv-00070	Macy's West Stores, Inc. v. One Blow Dry Bar, Inc.

1/4/2018	New Jersey District Court	2:18-cv-00121	CELGENE CORPORATION v. MEDIDART HEALTHCARE SERVICES PRIVATE LIMITED

1/4/2018	New Jersey District Court	2:18-cv-00108	Unknown Case Title

1/3/2018	New York Southern District Court	1:18-cv-00055	Christian Siriano Holdings, LLC v. M&A Imports, Ltd.

12/28/2017	New York Southern District Court	1:17-cv-10154	Global Merchandising Services Ltd. v. SunFrog, LLC

12/22/2017	Delaware District Court	1:17-cv-01846	Emerson Electric Co. v. Emerson Quiet Kool Co. Ltd.

12/22/2017	Tennessee Middle District Court	3:17-cv-01601	Luxottica Group S.p.A. v. Raceway 770

12/22/2017	Michigan Eastern District Court	1:17-cv-14149	INDIAN MOTORCYCLE INTERNATIONAL, LLC v. SUNFROG, LLC

12/22/2017	New York Southern District Court	7:17-cv-10027	McDonough v. Gorman

12/22/2017	Tennessee Middle District Court	3:17-cv-01600	Luxottica Group S.p.A. v. Kings Group LLC

12/21/2017	Wisconsin Eastern District Court	2:17-cv-01781	Glue Dots International LLC v. Horizon Group USA Inc

12/21/2017	Oregon District Court	3:17-cv-02029	Shred Ready Inc. v. Lin

12/21/2017	Wisconsin Eastern District Court	2:17-cv-01776	H-D USA LLC v. Affliction Holdings LLC

12/21/2017	Nevada District Court	2:17-cv-03101	SATA GmbH & Co. KG v. Discount Auto Body Paint and Supply L.L.C.

12/21/2017	Indiana Southern District Court	1:17-cv-04709	KIMBALL INTERNATIONAL, INC. v. JASPER SEATING COMPANY, INC.

12/20/2017	Ohio Southern District Court	2:17-cv-01120	Professional Investigating & Consulting Agency, Inc. v. TigerSwan, LLC

12/20/2017	Texas Western District Court	6:17-cv-00353	Mr. Rooter LLC v. Action Underground Inc.

12/20/2017	Massachusetts District Court	1:17-cv-12521	The Art and Creative Materials Institute, Inc. v. Benstores, LLC

12/19/2017	North Carolina Western District Court	3:17-cv-00727	La Michoacana Natural, LLC v. Maestre

12/19/2017	Delaware District Court	1:17-cv-01815	The North Face Apparel Corp. v. CWGS Group, LLC

12/18/2017	Arizona District Court	2:17-cv-04685	VIP Products LLC v. Snuggle Pet Products LLC

12/18/2017	New York Eastern District Court	2:17-cv-07365	Hayward Industries, Inc. v. Island Swimming Sales, Inc.

4,428 Rows Total	Page 2 of 89 \| Go To

Source

(July 5, 1946, ch. 540, title I, Â§1, 60 Stat. 427; Pub. L. 87â€“772, Â§1, Oct. 9, 1962, 76 Stat. 769; Pub. L. 93â€“596, Â§1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100â€“667, title I, Â§103, Nov. 16, 1988, 102 Stat. 3935; Pub. L. 105â€“330, title I, Â§103, title II, Â§201(a)(1), Oct. 30, 1998, 112 Stat. 3064, 3069; Pub. L. 106â€“113, div. B, Â§1000(a)(9) [title IV, Â§4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501Aâ€“583; Pub. L. 107â€“273, div. C, title III, Â§13207(b)(1), (2), Nov. 2, 2002, 116 Stat. 1906.)

Prior Provisions

Subsecs. (a) to (c) are from acts Feb. 20, 1905, ch. 592, Â§Â§1, 2, 33 Stat. 724; May 4, 1906, ch. 2081, Â§1, 34 Stat. 168; Feb. 18, 1909, ch. 144, 35 Stat. 628; Apr. 11, 1930, ch. 132, Â§4, 46 Stat. 155; June 10, 1938, ch. 332, Â§1, 52 Stat. 638. Subsec. (d) is from act Feb. 20, 1905, ch. 592, Â§3, 33 Stat. 725.

Amendments

2002â€”Subsec. (d)(1). Pub. L. 107â€“273, Â§13207(b)(1), in first sentence, substituted â€œspecifying the date of the applicant's first use of the mark in commerce and those goods or services specified in the notice of allowance on or in connection with which the mark is used in commerce.â€ for â€œspecifying the date of the applicant's first use of the mark in commerce and,, those goods or services specified in the notice of allowance on or in connection with which the mark is used in commerce.â€ Subsec. (e). Pub. L. 107â€“273, Â§13207(b)(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) required applicant not domiciled in United States to designate name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark and provided that notices or process be served by leaving with such person or mailing to him a copy, or upon Director if designated person cannot be found. 1999â€”Subsecs. (a), (b), (d), (e). Pub. L. 106â€“113 substituted â€œDirectorâ€ for â€œCommissionerâ€ wherever appearing. 1998â€”Subsec. (a). Pub. L. 105â€“330, Â§103(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to application by owner of a trademark used in commerce to register the trademark by filing in the Patent and Trademark Office a written application in prescribed form and verified by applicant, by paying prescribed fee, and by complying with prescribed rules or regulations. Subsec. (b). Pub. L. 105â€“330, Â§103(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to application, by person with bona fide intention, under circumstances showing good faith, to use a trademark in commerce, to register trademark by filing in the Patent and Trademark Office a written application in prescribed form and verified by applicant, by paying prescribed fee, and by complying with prescribed rules or regulations. Subsec. (d)(1). Pub. L. 105â€“330, Â§201(a)(1)(A), inserted â€œand,â€ after â€œspecifying the date of the applicant's first use of the mark in commerceâ€. Pub. L. 105â€“330, Â§201(a)(1)(B), which directed the striking out of â€œand, the mode or manner in which the mark is used on or in connection with such goods or servicesâ€, was executed by striking out â€œ,Â and the mode or manner in which the mark is used on or in connection with such goods or servicesâ€ after â€œnotice of allowance on or in connection with which the mark is used in commerceâ€, to reflect the probable intent of Congress. Subsec. (d)(4). Pub. L. 105â€“330, Â§103(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: â€œThe failure to timely file a verified statement of use under this subsection shall result in abandonment of the application.â€ 1988â€”Subsec. (a). Pub. L. 100â€“667, Â§103(1) to (7), inserted â€œ(a)â€ preceding introductory provisions and substituted â€œmay apply to register his or herâ€ for â€œmay register hisâ€, redesignated former subsecs. (a) to (c) as pars. (1) to (3), respectively, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. (1)(A), substituted â€œused on or in connection withâ€ for â€œapplied toâ€ and â€œgoods on or in connectionâ€ for â€œgoods in connectionâ€, in par. (1)(C), struck out â€œactuallyâ€ after â€œthe mark asâ€, and in par. (2), substituted â€œprescribedâ€ for â€œfilingâ€. Subsecs. (b), (c). Pub. L. 100â€“667, Â§103(3), (9), added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as pars. (2) and (3), respectively, of subsec. (a). Subsecs. (d), (e). Pub. L. 100â€“667, Â§103(8), (9), added subsec. (d) and redesignated former subsec. (d) as (e). 1975â€”Subsecs. (a), (b), (d). Pub. L. 93â€“596 substituted â€œPatent and Trademark Officeâ€ for â€œPatent Officeâ€. 1962â€”Subsec. (a)(1). Pub. L. 87â€“772 substituted â€œas to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceiveâ€ for â€œas might be calculated to deceiveâ€, and struck out â€œor servicesâ€ after â€œuse by others, the goodsâ€.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106â€“113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Â§4731] of Pub. L. 106â€“113, set out as a note under section 1 of Title 35, Patents.

Effective Date of 1998 Amendment

Pub. L. 105â€“330, title I, Â§109(b), Oct. 30, 1998, 112 Stat. 3069, provided that: â€œThis title [see Short Title of 1998 Amendment note below] and the amendments made by this title shall apply to any application for registration of a trademark pending on, or filed on or after, the effective date of this Act [probably should be â€œthis titleâ€, see section 110 of Pub. L. 105â€“330, set out as an Effective Date of 1998 Amendment note below].â€ Pub. L. 105â€“330, title I, Â§110, Oct. 30, 1998, 112 Stat. 3069, provided that: â€œThis title [see Short Title of 1998 Amendment note below] and the amendments made by this title shall take effectâ€” â€œ(1) on the date that is 1 year after the date of the enactment of this Act [Oct. 30, 1998], or â€œ(2) upon the entry into force of the Trademark Law Treaty with respect to the United States [Aug. 12, 2000], whichever occurs first.â€ Pub. L. 105â€“330, title II, Â§201(b), Oct. 30, 1998, 112 Stat. 3070, provided that: â€œThe amendments made by this section [amending this section and sections 1052, 1057, 1064, 1091, 1094, 1113 to 1115, 1121, and 1124 of this title] shall take effect on the date of enactment of this Act [Oct. 30, 1998], and shall apply only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark.â€

Effective Date of 1988 Amendment

Section 136 of title I of Pub. L. 100â€“667 provided that: â€œThis title and the amendments made by this title [see Short Title of 1988 Amendment note below] shall become effective on the date which is one year after the date of enactment of this Act [Nov. 16, 1988].â€

Effective Date of 1975 Amendment

Amendment by Pub. L. 93â€“596 effective Jan. 2, 1975, see section 4 of Pub. L. 93â€“596, set out as a note under section 1111 of this title.

Effective Date

Section 46(a) of act July 5, 1946, provided that this chapter shall be in force and take effect one year from July 5, 1946.

Short Title of 2010 Amendment

Pub. L. 111â€“146, Â§1, Mar. 17, 2010, 124 Stat. 66, provided that: â€œThis Act [amending sections 1057, 1058, 1065, 1071, and 1141k of this title] may be cited as the â€˜Trademark Technical and Conforming Amendment Act of 2010â€™.â€

Short Title of 2006 Amendment

Pub. L. 109â€“312, Â§1(a), Oct. 6, 2006, 120 Stat. 1730, provided that: â€œThis Act [amending sections 1052, 1063, 1064, 1092, 1125, and 1127 of this title] may be cited as the â€˜Trademark Dilution Revision Act of 2006â€™.â€

Short Title of 2004 Amendment

Pub. L. 108â€“482, Â§1, Dec. 23, 2004, 118 Stat. 3912, provided that: â€œThis Act [amending section 1117 of this title, section 504 of Title 17, Copyrights, sections 2318 and 3559 of Title 18, Crimes and Criminal Procedure, and sections 85 and 112 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under this section, section 1117 of this title, sections 2311 and 2318 of Title 18, and listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28] may be cited as the â€˜Intellectual Property Protection and Courts Amendments Act of 2004â€™.â€ Pub. L. 108â€“482, title II, Â§201, Dec. 23, 2004, 118 Stat. 3916, provided that: â€œThis title [amending section 1117 of this title, section 504 of Title 17, Copyrights, and section 3559 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under section 1117 of this title and listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the â€˜Fraudulent Online Identity Sanctions Actâ€™.â€

Short Title of 2002 Amendment

Pub. L. 107â€“273, div. C, title III, Â§13401, Nov. 2, 2002, 116 Stat. 1913, provided that: â€œThis subtitle [subtitle D (Â§Â§13401â€“13403) of title III of div. C of Pub. L. 107â€“273, enacting subchapter IV of this chapter and provisions set out as a note under section 1141 of this title] may be cited as the â€˜Madrid Protocol Implementation Actâ€™.â€

Short Title of 1999 Amendments

Pub. L. 106â€“113, div. B, Â§1000(a)(9) [title III, Â§3001(a)], Nov. 29, 1999, 113 Stat. 1536, 1501Aâ€“545, provided that: â€œThis title [enacting section 1129 of this title, amending sections 1114, 1116, 1117, 1125, and 1127 of this title, section 470a of Title 16, Conservation, and section 1338 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under this section and sections 1117 and 1125 of this title] may be cited as the â€˜Anticybersquatting Consumer Protection Actâ€™.â€ Pub. L. 106â€“43, Â§1, Aug. 5, 1999, 113 Stat. 218, provided that: â€œThis Act [amending sections 1052 to 1054, 1060, 1063, 1064, 1091, 1092, 1114, 1116 to 1118, 1122, and 1124 to 1127 of this title, enacting provisions set out as a note under section 1052 of this title, and amending provisions set out as a note under this section] may be cited as the â€˜Trademarks Amendments Act of 1999â€™.â€

Short Title of 1998 Amendment

Pub. L. 105â€“330, title I, Â§101, Oct. 30, 1998, 112 Stat. 3064, provided that: â€œThis title [amending this section and sections 1058 to 1060, 1062, and 1126 of this title and enacting provisions set out as notes under this section and sections 1058 and 1059 of this title] may be cited as the â€˜Trademark Law Treaty Implementation Actâ€™.â€

Short Title of 1996 Amendment

Pub. L. 104â€“98, Â§1, Jan. 16, 1996, 109 Stat. 985, provided that: â€œThis Act [amending sections 1125 and 1127 of this title and enacting provisions set out as a note under section 1125 of this title] may be cited as the â€˜Federal Trademark Dilution Act of 1995â€™.â€

Short Title of 1992 Amendment

Pub. L. 102â€“542, Â§1, Oct. 27, 1992, 106 Stat. 3567, provided that: â€œThis Act [enacting section 1122 of this title, amending sections 1114, 1125, and 1127 of this title, and enacting provisions set out as a note under section 1114 of this title] may be cited as the â€˜Trademark Remedy Clarification Actâ€™.â€

Short Title of 1988 Amendment

Section 101 of title I of Pub. L. 100â€“667 provided that: â€œThis title [amending this section and sections 1052 to 1060, 1062 to 1066, 1068, 1069, 1071, 1091, 1092, 1094, 1095, 1111, 1112, 1114 to 1118, 1121, and 1125 to 1127 of this title, redesignating section 1121a of this title as section 1121(b) of this title, and enacting provisions set out as notes under sections 1051 and 1058 of this title] may be cited as the â€˜Trademark Law Revision Act of 1988â€™.â€

Short Title of 1984 Amendment

Pub. L. 98â€“620, title I, Â§101, Nov. 8, 1984, 98 Stat. 3335, provided that: â€œThis title [amending sections 1064 and 1127 of this title and enacting provisions set out as a note under section 1064 of this title] may be cited as the â€˜Trademark Clarification Act of 1984â€™.â€

Short Title

Act July 5, 1946, ch. 540, 60 Stat. 427, which is classified to this chapter, is popularly known as the â€œLanham Actâ€ and also as the â€œTrademark Act of 1946â€.

Repeal of Inconsistent Provisions; Certain Provisions Not Affected

Section 46(a) of act July 5, 1946, as amended by Pub. L. 106â€“43, Â§6(b), Aug. 5, 1999, 113 Stat. 220, provided in part that all acts and parts of acts inconsistent with this chapter are repealed effective one year from July 5, 1946, but that â€œnothing contained in this Act [this chapter] shall be construed as limiting, restricting, modifying, or repealing any statute in force on the effective date of this Act [July 5, 1947] which does not relate to trademarks, or as restricting or increasing the authority of any Federal department or regulatory agency except as may be specifically provided in this Act [this chapter].â€ Section 48 of act July 5, 1946, provided that: â€œSection 4 of the Act of January 5, 1905 (U.S.C., title 36, sec. 4), as amended, entitled â€˜An Act to incorporate the National Red Crossâ€™ [see 18 U.S.C. 706], and section 7 of the Act of June 15, 1916 (U.S.C., title 36, sec. 27), entitled â€˜An Act to incorporate the Boy Scouts of America, and for other purposesâ€™ [see 36 U.S.C. 30905], and the Act of June 20, 1936 (U.S.C., title 22, sec. 248), entitled â€˜An Act to prohibit the commercial use of the coat of arms of the Swiss Confederationâ€™ [see 18 U.S.C. 708], are not repealed or affected by this Act.â€

Savings Provision

Pub. L. 106â€“113, div. B, Â§1000(a)(9) [title III, Â§3008], Nov. 29, 1999, 113 Stat. 1536, 1501Aâ€“551, provided that: â€œNothing in this title [see Short Title of 1999 Amendments note above] shall affect any defense available to a defendant under the Trademark Act of 1946 [15 U.S.C. 1051 et seq.] (including any defense under section 43(c)(4) of such Act [15 U.S.C. 1125(c)(4)] or relating to fair use) or a person's right of free speech or expression under the first amendment of the United States Constitution.â€

Separability

Section 50 of act July 5, 1946, provided that: â€œIf any provision of this Act [this chapter] or the application of such provision to any person or circumstance is held invalid, the remainder of the Act shall not be affected thereby.â€

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of Commerce to Secretary of Commerce, with certain exceptions, see Reorg. Plan No. 5 of 1950, Â§Â§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.

Pending Proceedings and Existing Registration and Rights Under Prior Acts

Section 46(a) of act July 5, 1946, provided in part that this chapter, except as otherwise specifically provided therein, shall not affect any suit, proceeding or appeal pending on the effective date of this chapter and that the repeal of all inconsistent acts â€œshall not affect the validity of registrations granted or applied for under any of said Acts prior to the effective date of this Act [July 5, 1947], or rights or remedies thereunder except as provided in sections 8, 12, 14, 15, and 47 of this Act [sections 1058, 1062, 1064, and 1065 of this title and note under this section].â€ Sections 46(b) and 47 of act July 5, 1946, provided: â€œ(b) Registrations now existing under the Act of March 3, 1881, or the Act of February 20, 1905 [sections 81 to 109 of this title], shall continue in full force and effect for the unexpired terms thereof and may be renewed under the provisions of section 9 of this Act [section 1059 of this title]. Such registrations and the renewals thereof shall be subject to and shall be entitled to the benefits of the provisions of this Act [this chapter] to the same extent and with the same force and effect as though registered on the principal register established by this Act [this chapter] except as limited in sections 8, 12, 14, and 15 of this Act [sections 1058, 1062, 1064, 1065, of this title]. Marks registered under the â€˜ten-year provisoâ€™ of section 5 of the Act of February 20, 1905, as amended [former section 85 of this title], shall be deemed to have become distinctive of the registrant's goods in commerce under paragraph (f) of section 2 of this Act [section 1052 of this title] and may be renewed under section 9 hereof [section 1059 of this title] as marks coming within said paragraph. â€œRegistrations now existing under the Act of March 19, 1920 [former sections 121 to 128 of this title], shall expire six months after the effective date of this Act [July 5, 1947], or twenty years from the dates of their registrations, whichever date is later. Such registrations shall be subject to and entitled to the benefits of the provisions of this Act [this chapter] relating to marks registered on the supplemental register established by this Act [this chapter], and may not be renewed unless renewal is required to support foreign registrations. In that event renewal may be effected on the supplemental register under the provisions of section 9 of this Act [section 1059 of this title]. â€œMarks registered under previous Acts may, if eligible, also be registered under this Act [this chapter]. â€œSec. 47. (a) All applications for registration pending in the Patent Office at the effective date of this Act [July 5, 1947] may be amended, if practicable, to bring them under the provisions of this Act [this chapter]. The prosecution of such applications so amended and the grant of registrations thereon shall be proceeded with in accordance with the provisions of this Act [this chapter]. If such amendments are not made, the prosecution of said applications shall be proceeded with and registrations thereon granted in accordance with the Acts under which said applications were filed, and said Acts are hereby continued in force to this extent and for this purpose only, notwithstanding the foregoing general repeal thereof. â€œ(b) In any case in which an appeal is pending before the United States Court of Customs and Patent Appeals or any United States Circuit Court of Appeals or the United States Court of Appeals for the District of Columbia or the United States Supreme Court at the effective date of this Act [July 5, 1947], the court, if it be of the opinion that the provisions of this Act [this chapter] are applicable to the subject matter of the appeal, may apply such provision or may remand the case to the Commissioner [now Director] or to the district court for the taking of additional evidence or a new trial or for reconsideration of the decision on the record as made, as the appellate court may deem proper.â€ Section 49 of said act July 5, 1946, provided: â€œNothing herein [in this chapter] shall adversely affect the rights or the enforcement of rights in marks acquired in good faith prior to the effective date of this Act [July 5, 1947].â€

Emergency Relief From Postal Situation Affecting Trademark Cases

Relief as to filing date of trademark application or registration and excusal of delayed fees or actions affected by postal situation beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970, see note set out under section 111 of Title 35, Patents.

Related Issues

Add an Issue

No comments have been added yet. Sign in to post a comment.