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US (United States) Code. Title 15. Chapter 22: Trademarks

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15 USC CHAPTER 22 - TRADEMARKS 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

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CHAPTER 22 - TRADEMARKS

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SUBCHAPTER I - THE PRINCIPAL REGISTER

Sec.

1051. Application for registration; verification.

(a) Application for use of trademark.

(b) Application for bona fide intention to use

trademark.

conform to requirements of subsection (a).

(d) Verified statement that trademark is used in

commerce.

(e) Designation of resident for service of process

and notices.

1052. Trademarks registrable on principal register; concurrent

registration.

1053. Service marks registrable.

1054. Collective marks and certification marks registrable.

1055. Use by related companies affecting validity and registration.

1056. Disclaimer of unregistrable matter.

(a) Compulsory and voluntary disclaimers.

(b) Prejudice of rights.

1057. Certificates of registration.

(a) Issuance and form.

(b) Certificate as prima facie evidence.

constructive use.

(d) Issuance to assignee.

(e) Surrender, cancellation, or amendment by

registrant.

(f) Copies of Patent and Trademark Office records as

evidence.

(g) Correction of Patent and Trademark Office

mistake.

(h) Correction of applicant's mistake.

1058. Duration.

(a) In general.

(b) Affidavit of continuing use.

(d) Notice of affidavit requirement.

(e) Notification of acceptance or refusal of

affidavits.

(f) Designation of resident for service of process

and notices.

1059. Renewal of registration.

(a) Period of renewal; time for renewal.

(b) Notification of refusal of renewal.

and notices.

1060. Assignment.

1061. Execution of acknowledgments and verifications.

1062. Publication.

(a) Examination and publication.

(b) Refusal of registration; amendment of

application; abandonment.

acts.

1063. Opposition to registration.

1064. Cancellation of registration.

1065. Incontestability of right to use mark under certain

conditions.

1066. Interference; declaration by Director.

1067. Interference, opposition, and proceedings for concurrent use

registration or for cancellation; notice; Trademark Trial and

Appeal Board.

1068. Action of Director in interference, opposition, and

proceedings for concurrent use registration or for cancellation.

1069. Application of equitable principles in inter partes

proceedings.

1070. Appeals to Trademark Trial and Appeal Board from decisions of

examiners.

1071. Appeal to courts.

(a) Persons entitled to appeal; United States Court

of Appeals for the Federal Circuit; waiver of

civil action; election of civil action by

adverse party; procedure.

(b) Civil action; persons entitled to; jurisdiction

of court; status of Director; procedure.

1072. Registration as constructive notice of claim of ownership.

SUBCHAPTER II - THE SUPPLEMENTAL REGISTER

1091. Supplemental register.

(a) Marks registerable.

(b) Application and proceedings for registration.

1092. Publication; not subject to opposition; cancellation.

1093. Registration certificates for marks on principal and

supplemental registers to be different.

1094. Provisions of chapter applicable to registrations on

supplemental register.

1095. Registration on principal register not precluded.

1096. Registration on supplemental register not used to stop

importations.

SUBCHAPTER III - GENERAL PROVISIONS

1111. Notice of registration; display with mark; recovery of

profits and damages in infringement suit.

1112. Classification of goods and services; registration in

plurality of classes.

1113. Fees.

(a) Applications; services; materials.

(b) Waiver; Indian products.

1114. Remedies; infringement; innocent infringement by printers and

publishers.

1115. Registration on principal register as evidence of exclusive

right to use mark; defenses.

(a) Evidentiary value; defenses.

(b) Incontestability; defenses.

1116. Injunctive relief.

(a) Jurisdiction; service.

(b) Transfer of certified copies of court papers.

(d) Civil actions arising out of use of counterfeit

marks.

1117. Recovery for violation of rights.

(a) Profits; damages and costs; attorney fees.

(b) Treble damages for use of counterfeit mark.

(d) Statutory damages for violation of section

1125(d)(1).

1118. Destruction of infringing articles.

1119. Power of court over registration.

1120. Civil liability for false or fraudulent registration.

1121. Jurisdiction of Federal courts; State and local requirements

that registered trademarks be altered or displayed differently;

prohibition.

1121a. Transferred.

1122. Liability of United States and States, and instrumentalities

and officials thereof.

(a) Waiver of sovereign immunity by the United

States.

(b) Waiver of sovereign immunity by States.

1123. Rules and regulations for conduct of proceedings in Patent

and Trademark Office.

1124. Importation of goods bearing infringing marks or names

forbidden.

1125. False designations of origin, false descriptions, and

dilution forbidden.

(a) Civil action.

(b) Importation.

(d) Cyberpiracy prevention.

1126. International conventions.

(a) Register of marks communicated by international

bureaus.

(b) Benefits of section to persons whose country of

origin is party to convention or treaty.

of origin defined.

(d) Right of priority.

(e) Registration on principal or supplemental

(f) Domestic registration independent of foreign

registration.

(g) Trade or commercial names of foreign nationals

protected without registration.

(h) Protection of foreign nationals against unfair

competition.

(i) Citizens or residents of United States entitled

to benefits of section.

1127. Construction and definitions; intent of chapter.

1128. National Intellectual Property Law Enforcement Coordination

Council.

(a) Establishment.

(b) Duties.

(d) Non-derogation.

(e) Report.

(f) Funding.

1129. Cyberpiracy protections for individuals.

SUBCHAPTER IV - THE MADRID PROTOCOL

1141. Definitions.

1141a. International applications based on United States

applications or registrations.

(a) In general.

(b) Qualified owners.

1141b. Certification of the international application.

(a) Certification procedure.

(b) Transmittal.

1141c. Restriction, abandonment, cancellation, or expiration of a

basic application or basic registration.

1141d. Request for extension of protection subsequent to

international registration.

1141e. Extension of protection of an international registration to

the United States under the Madrid Protocol.

(a) In general.

(b) If the United States is office of origin.

1141f. Effect of filing a request for extension of protection of an

international registration to the United States.

(a) Requirement for request for extension of

protection.

(b) Effect of proper filing.

1141g. Right of priority for request for extension of protection to

the United States.

1141h. Examination of and opposition to request for extension of

protection; notification of refusal.

(a) Examination and opposition.

(b) Notification of refusal.

(d) Designation of agent for service of process.

1141i. Effect of extension of protection.

(a) Issuance of extension of protection.

(b) Effect of extension of protection.

1141j. Dependence of extension of protection to the United States

on the underlying international registration.

(a) Effect of cancellation of international

registration.

(b) Effect of failure to renew international

registration.

a United States application.

1141k. Affidavits and fees.

(a) Required affidavits and fees.

(b) Contents of affidavit.

(d) Service of notice or process.

1141l. Assignment of an extension of protection.

1141m. Incontestability.

1141n. Rights of extension of protection.

EFFECTIVE DATE

This chapter, act July 5, 1946, ch. 540, 60 Stat. 427, became

effective one year from July 5, 1946, and repealed chapter 3 of

this title as of that date. See notes under section 1051 of this

title.

PRIOR LAWS

The Trade-Mark Act of 1905 superseded the Trade-Mark Act of Mar.

3, 1881, ch. 138, 21 Stat. 502, entitled ''An Act to authorize the

registration of trade-marks and protect the same,'' and also act

Aug. 5, 1882, ch. 393, 22 Stat. 298, entitled ''An Act relating to

the registration of trade marks''. Former section 109 of this

title repealed all inconsistent acts and parts of acts, except so

far as they might apply to certificates of registration issued

under the Trade-Mark Act of Mar. 3, 1881, ch. 138, and act Aug. 5,

1882, ch. 393.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1129 of this title; title

18 section 2320; title 19 section 1337; title 36 section 220506;

title 48 section 1643.

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15 USC SUBCHAPTER I - THE PRINCIPAL REGISTER 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

SUBCHAPTER I - THE PRINCIPAL REGISTER

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SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 19 section 1681a.

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15 USC Sec. 1051 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

Sec. 1051. Application for registration; verification

-STATUTE-

(a) Application for use of trademark

(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;

(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 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.

(b) Application for bona fide intention to use trademark

(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

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;

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.

(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.

requirements of subsection (a)

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.

(d) Verified statement that trademark is used in commerce

(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.

(e) Designation of resident for service of process and notices

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.

-SOURCE-

(July 5, 1946, ch. 540, title I, Sec. 1, 60 Stat. 427; Pub. L.

87-772, Sec. 1, Oct. 9, 1962, 76 Stat. 769; Pub. L. 93-596, Sec. 1,

Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100-667, title I, Sec. 103,

Nov. 16, 1988, 102 Stat. 3935; Pub. L. 105-330, title I, Sec. 103,

title II, Sec. 201(a), Oct. 30, 1998, 112 Stat. 3064, 3069; Pub. L.

106-113, div. B, Sec. 1000(a)(9) (title IV, Sec. 4732(b)(1)(B)),

Nov. 29, 1999, 113 Stat. 1536, 1501A-583; Pub. L. 107-273, div. C,

title III, Sec. 13207(b)(1), (2), Nov. 2, 2002, 116 Stat. 1906.)

-MISC1-

PRIOR PROVISIONS

Subsecs. (a) to (c) are from acts Feb. 20, 1905, ch. 592, Sec. 1,

2, 33 Stat. 724; May 4, 1906, ch. 2081, Sec. 1, 34 Stat. 168; Feb.

18, 1909, ch. 144, 35 Stat. 628; Apr. 11, 1930, ch. 132, Sec. 4, 46

Stat. 155; June 10, 1938, ch. 332, Sec. 1, 52 Stat. 638.

Subsec. (d) is from act Feb. 20, 1905, ch. 592, Sec. 3, 33 Stat.

725.

AMENDMENTS

2002 - Subsec. (d)(1). Pub. L. 107-273, Sec. 13207(b)(1), in

first sentence, substituted ''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.'' for ''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.''

Subsec. (e). Pub. L. 107-273, Sec. 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.

1999 - Subsecs. (a), (b), (d), (e). Pub. L. 106-113 substituted

''Director'' for ''Commissioner'' wherever appearing.

1998 - Subsec. (a). Pub. L. 105-330, Sec. 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. 105-330, Sec. 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. 105-330, Sec. 201(a)(1)(A), inserted

''and,'' after ''specifying the date of the applicant's first use

of the mark in commerce''.

Pub. L. 105-330, Sec. 201(a)(1)(B), which directed the striking

out of ''and, the mode or manner in which the mark is used on or in

connection with such goods or services'', was executed by striking

out '', and the mode or manner in which the mark is used on or in

connection with such goods or services'' after ''notice of

allowance on or in connection with which the mark is used in

commerce'', to reflect the probable intent of Congress.

Subsec. (d)(4). Pub. L. 105-330, Sec. 103(c), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: ''The

failure to timely file a verified statement of use under this

subsection shall result in abandonment of the application.''

1988 - Subsec. (a). Pub. L. 100-667, Sec. 103(1) to (7), inserted

''(a)'' preceding introductory provisions and substituted ''may

apply to register his or her'' for ''may register his'',

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 ''used on or in

connection with'' for ''applied to'' and ''goods on or in

connection'' for ''goods in connection'', in par. (1)(C), struck

out ''actually'' after ''the mark as'', and in par. (2),

substituted ''prescribed'' for ''filing''.

Subsecs. (b), (c). Pub. L. 100-667, Sec. 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. 100-667, Sec. 103(8), (9), added

subsec. (d) and redesignated former subsec. (d) as (e).

1975 - Subsecs. (a), (b), (d). Pub. L. 93-596 substituted

''Patent and Trademark Office'' for ''Patent Office''.

1962 - Subsec. (a)(1). Pub. L. 87-772 substituted ''as to be

likely, when applied to the goods of such other person, to cause

confusion, or to cause mistake, or to deceive'' for ''as might be

calculated to deceive'', and struck out ''or services'' after ''use

by others, the goods''.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) (title IV, Sec. 4731) of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-330, title I, Sec. 109(b), Oct. 30, 1998, 112 Stat.

3069, provided that: ''This 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 ''this title'', see section 110 of Pub. L. 105-330, set

out as an Effective Date of 1998 Amendment note below).''

Pub. L. 105-330, title I, Sec. 110, Oct. 30, 1998, 112 Stat.

3069, provided that: ''This title (see Short Title of 1998

Amendment note below) and the amendments made by this title shall

take effect -

''(1) on the date that is 1 year after the date of the

enactment of this Act (Oct. 30, 1998), or

''(2) upon the entry into force of the Trademark Law Treaty

with respect to the United States (Aug. 12, 2000),

whichever occurs first.''

Pub. L. 105-330, title II, Sec. 201(b), Oct. 30, 1998, 112 Stat.

3070, provided that: ''The 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.''

EFFECTIVE DATE OF 1988 AMENDMENT

Section 136 of title I of Pub. L. 100-667 provided that: ''This

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).''

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, 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 2002 AMENDMENT

Pub. L. 107-273, div. C, title III, Sec. 13401, Nov. 2, 2002,

116 Stat. 1913, provided that: ''This subtitle (subtitle D (Sec.

13401-13403) of title III of div. C of Pub. L. 107-273, enacting

subchapter IV of this chapter and provisions set out as a note

under section 1141 of this title) may be cited as the 'Madrid

Protocol Implementation Act'.''

SHORT TITLE OF 1999 AMENDMENTS

Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title III, Sec.

3001(a)), Nov. 29, 1999, 113 Stat. 1536, 1501A-545, provided that:

''This 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 'Anticybersquatting Consumer Protection

Act'.''

Pub. L. 106-43, Sec. 1, Aug. 5, 1999, 113 Stat. 218, provided

that: ''This 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 'Trademarks Amendments Act of 1999'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-330, title I, Sec. 101, Oct. 30, 1998, 112 Stat.

3064, provided that: ''This 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 'Trademark Law Treaty

Implementation Act'.''

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-98, Sec. 1, Jan. 16, 1996, 109 Stat. 985, provided

that: ''This 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 'Federal Trademark Dilution Act of

1995'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-542, Sec. 1, Oct. 27, 1992, 106 Stat. 3567, provided

that: ''This 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 'Trademark Remedy Clarification Act'.''

SHORT TITLE OF 1988 AMENDMENT

Section 101 of title I of Pub. L. 100-667 provided that: ''This

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 'Trademark Law Revision Act of 1988'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-620, title I, Sec. 101, Nov. 8, 1984, 98 Stat. 3335,

provided that: ''This 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 'Trademark Clarification

Act of 1984'.''

SHORT TITLE

Act July 5, 1946, ch. 540, 60 Stat. 427, which is classified to

this chapter, is popularly known as the ''Lanham Act'' and also as

the ''Trademark Act of 1946''.

REPEAL OF INCONSISTENT PROVISIONS; CERTAIN PROVISIONS NOT AFFECTED

Section 46(a) of act July 5, 1946, as amended by Pub. L. 106-43,

Sec. 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 ''nothing 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).''

Section 48 of act July 5, 1946, provided that: ''Section 4 of the

Act of January 5, 1905 (U.S.C., title 36, sec. 4), as amended,

entitled 'An Act to incorporate the National Red Cross' (see 18

U.S.C. 706), and section 7 of the Act of June 15, 1916 (U.S.C.,

title 36, sec. 27), entitled 'An Act to incorporate the Boy Scouts

of America, and for other purposes' (see 36 U.S.C. 30905), and the

Act of June 20, 1936 (U.S.C., title 22, sec. 248), entitled 'An Act

to prohibit the commercial use of the coat of arms of the Swiss

Confederation' (see 18 U.S.C. 708), are not repealed or affected by

this Act.''

SAVINGS PROVISION

Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title III, Sec. 3008),

Nov. 29, 1999, 113 Stat. 1536, 1501A-551, provided that: ''Nothing

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.''

SEPARABILITY

Section 50 of act July 5, 1946, provided that: ''If 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.''

-TRANS-

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, Sec. 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.

-MISC5-

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

''shall 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).''

Sections 46(b) and 47 of act July 5, 1946, provided:

''(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 'ten-year proviso' 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.

''Registrations 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).

''Marks registered under previous Acts may, if eligible, also be

registered under this Act (this chapter).

''Sec. 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.

''(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.''

Section 49 of said act July 5, 1946, provided: ''Nothing 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).''

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1060, 1062, 1063, 1068,

1071, 1091, 1092, 1094, 1126, 1141j of this title.

-CITE-

15 USC Sec. 1052 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

Sec. 1052. Trademarks registrable on principal register; concurrent

registration

-STATUTE-

No trademark by which the goods of the applicant may be

distinguished from the goods of others shall be refused

registration on the principal register on account of its nature

unless it -

(a) Consists of or comprises immoral, deceptive, or scandalous

matter; or matter which may disparage or falsely suggest a

connection with persons, living or dead, institutions, beliefs, or

national symbols, or bring them into contempt, or disrepute; or a

geographical indication which, when used on or in connection with

wines or spirits, identifies a place other than the origin of the

goods and is first used on or in connection with wines or spirits

by the applicant on or after one year after the date on which the

WTO Agreement (as defined in section 3501(9) of title 19) enters

into force with respect to the United States.

(b) Consists of or comprises the flag or coat of arms or other

insignia of the United States, or of any State or municipality, or

of any foreign nation, or any simulation thereof.

identifying a particular living individual except by his written

consent, or the name, signature, or portrait of a deceased

President of the United States during the life of his widow, if

any, except by the written consent of the widow.

(d) Consists of or comprises a mark which so resembles a mark

registered in the Patent and Trademark Office, or a mark or trade

name previously used in the United States by another and not

abandoned, as to be likely, when used on or in connection with the

goods of the applicant, to cause confusion, or to cause mistake, or

to deceive: Provided, That if the Director determines that

confusion, mistake, or deception is not likely to result from the

continued use by more than one person of the same or similar marks

under conditions and limitations as to the mode or place of use of

the marks or the goods on or in connection with which such marks

are used, concurrent registrations may be issued to such persons

when they have become entitled to use such marks as a result of

their concurrent lawful use in commerce prior to (1) the earliest

of the filing dates of the applications pending or of any

registration issued under this chapter; (2) July 5, 1947, in the

case of registrations previously issued under the Act of March 3,

1881, or February 20, 1905, and continuing in full force and effect

on that date; or (3) July 5, 1947, in the case of applications

filed under the Act of February 20, 1905, and registered after July

5, 1947. Use prior to the filing date of any pending application or

a registration shall not be required when the owner of such

application or registration consents to the grant of a concurrent

registration to the applicant. Concurrent registrations may also

be issued by the Director when a court of competent jurisdiction

has finally determined that more than one person is entitled to use

the same or similar marks in commerce. In issuing concurrent

registrations, the Director shall prescribe conditions and

limitations as to the mode or place of use of the mark or the goods

on or in connection with which such mark is registered to the

respective persons.

(e) Consists of a mark which (1) when used on or in connection

with the goods of the applicant is merely descriptive or

deceptively misdescriptive of them, (2) when used on or in

connection with the goods of the applicant is primarily

geographically descriptive of them, except as indications of

regional origin may be registrable under section 1054 of this

title, (3) when used on or in connection with the goods of the

applicant is primarily geographically deceptively misdescriptive of

them, (4) is primarily merely a surname, or (5) comprises any

matter that, as a whole, is functional.

(f) Except as expressly excluded in subsections (a), (b), (c),

(d), (e)(3), and (e)(5) of this section, nothing in this chapter

shall prevent the registration of a mark used by the applicant

which has become distinctive of the applicant's goods in commerce.

The Director may accept as prima facie evidence that the mark has

become distinctive, as used on or in connection with the

applicant's goods in commerce, proof of substantially exclusive and

continuous use thereof as a mark by the applicant in commerce for

the five years before the date on which the claim of

distinctiveness is made. Nothing in this section shall prevent the

registration of a mark which, when used on or in connection with

the goods of the applicant, is primarily geographically deceptively

misdescriptive of them, and which became distinctive of the

applicant's goods in commerce before December 8, 1993.

A mark which when used would cause dilution under section 1125(c)

of this title may be refused registration only pursuant to a

proceeding brought under section 1063 of this title. A

registration for a mark which when used would cause dilution under

section 1125(c) of this title may be canceled pursuant to a

proceeding brought under either section 1064 of this title or

section 1092 of this title.

-SOURCE-

(July 5, 1946, ch. 540, title I, Sec. 2, 60 Stat. 428; Pub. L.

87-772, Sec. 2, Oct. 9, 1962, 76 Stat. 769; Pub. L. 93-596, Sec. 1,

Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100-667, title I, Sec. 104,

Nov. 16, 1988, 102 Stat. 3937; Pub. L. 103-182, title III, Sec.

333(a), Dec. 8, 1993, 107 Stat. 2114; Pub. L. 103-465, title V,

Sec. 522, Dec. 8, 1994, 108 Stat. 4982; Pub. L. 105-330, title II,

Sec. 201(a)(2), (12), Oct. 30, 1998, 112 Stat. 3069, 3070; Pub. L.

106-43, Sec. 2(a), Aug. 5, 1999, 113 Stat. 218; Pub. L. 106-113,

div. B, Sec. 1000(a)(9) (title IV, Sec. 4732(b)(1)(B)), Nov. 29,

1999, 113 Stat. 1536, 1501A-583.)

-REFTEXT-

REFERENCES IN TEXT

Acts March 3, 1881, and February 20, 1905, referred to in subsec.

(d), are acts Mar. 3, 1881, ch. 138, 21 Stat. 502, and Feb. 20,

1905, ch. 592, 33 Stat. 724, which were repealed insofar as

inconsistent with this chapter by act July 5, 1946, ch. 540, Sec.

46(a), 60 Stat. 444. Act Feb. 20, 1905, was classified to sections

81 to 109 of this title.

-MISC2-

PRIOR PROVISIONS

Acts Feb. 20, 1905, ch. 592, Sec. 5, 33 Stat. 725; Mar. 2, 1907,

ch. 2573, Sec. 1, 34 Stat. 1251; Feb. 18, 1911, ch. 113, 36 Stat.

918; Jan. 8, 1913, ch. 7, 37 Stat. 649; Mar. 19, 1920, ch. 104,

Sec. 9, 41 Stat. 535; June 7, 1924, ch. 341, 43 Stat. 647.

AMENDMENTS

1999 - Pub. L. 106-43 inserted concluding provisions.

Subsecs. (d), (f). Pub. L. 106-113 substituted ''Director'' for

''Commissioner'' wherever appearing.

1998 - Pub. L. 105-330, Sec. 201(a)(12), substituted

''trademark'' for ''trade-mark'' in introductory provisions.

Subsec. (e). Pub. L. 105-330, Sec. 201(a)(2)(A), struck out

''or'' before ''(4)'' and inserted '', or (5) comprises any matter

that, as a whole, is functional'' before period at end.

Subsec. (f). Pub. L. 105-330, Sec. 201(a)(2)(B), substituted

''subsections (a), (b), (c), (d), (e)(3), and (e)(5)'' for

''paragraphs (a), (b), (c), (d), and (e)(3)''.

1994 - Subsec. (a). Pub. L. 103-465 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

''Consists of or comprises immoral, deceptive, or scandalous

matter; or matter which may disparage or falsely suggest a

connection with persons, living or dead, institutions, beliefs, or

national symbols, or bring them into contempt, or disrepute.''

1993 - Subsec. (e). Pub. L. 103-182, Sec. 333(a)(1), amended

subsec. (e) generally. Prior to amendment, subsec. (e) read as

follows: ''Consists of a mark which, (1) when used on or in

connection with the goods of the applicant is merely descriptive or

deceptively misdescriptive of them, or (2) when used on or in

connection with the goods of the applicant is primarily

geographically descriptive or deceptively misdescriptive of them,

except as indications of regional origin may be registrable under

section 1054 of this title, or (3) is primarily merely a surname.''

Subsec. (f). Pub. L. 103-182, Sec. 333(a)(2), substituted ''(d),

and (e)(3)'' for ''and (d)'' and inserted at end ''Nothing in this

section shall prevent the registration of a mark which, when used

on or in connection with the goods of the applicant, is primarily

geographically deceptively misdescriptive of them, and which became

distinctive of the applicant's goods in commerce before December 8,

1993.''

1988 - Subsec. (d). Pub. L. 100-667, Sec. 104(1), amended subsec.

(d) generally. Prior to amendment, subsec. (d) read as follows:

''Consists of or comprises a mark which so resembles a mark

registered in the Patent and Trademark Office or a mark or trade

name previously used in the United States by another and not

abandoned, as to be likely, when applied to the goods of the

applicant, to cause confusion, or to cause mistake, or to deceive:

Provided, That when the Commissioner determines that confusion,

mistake, or deception is not likely to result from the continued

use by more than one person of the same or similar marks under

conditions and limitations as to the mode or place of use of the

marks or the goods in connection with which such marks are used,

concurrent registrations may be issued to such persons when they

have become entitled to use such marks as a result of their

concurrent lawful use in commerce prior to (i) the earliest of the

filing dates of the applications pending or of any registration

issued under this chapter; or (ii) July 5, 1947, in the case of

registrations previously issued under the Act of March 3, 1881, or

February 20, 1905, and continuing in full force and effect on that

date; or (iii) July 5, 1947, in the case of applications filed

under the Act of February 20, 1905, and registered after July 5,

1947. Concurrent registrations may also be issued by the

Commissioner when a court of competent jurisdiction has finally

determined that more than one person is entitled to use the same or

similar marks in commerce. In issuing concurrent registrations,

the Commissioner shall prescribe conditions and limitations as to

the mode or place of use of the mark or the goods in connection

with which such mark is registered to the respective persons.''

Subsec. (e). Pub. L. 100-667, Sec. 104(2), substituted ''used on

or in connection with'' for ''applied to'' in two places.

Subsec. (f). Pub. L. 100-667, Sec. 104(3), substituted ''used on

or in connection with'' for ''applied to'' and ''five years before

the date on which the claim of distinctiveness is made'' for ''five

years next preceding the date of the filing of the application for

its registration''

1975 - Subsec. (d). Pub. L. 93-596 substituted ''Patent and

Trademark Office'' for ''Patent Office''.

1962 - Subsec. (d). Pub. L. 87-772, among other changes,

substituted provisions authorizing the issuance of concurrent

registrations to persons when they have become entitled to use such

marks as a result of their concurrent lawful use in commerce prior

to the earliest of the filing dates of the applications pending or

of any registration issued under this chapter, or July 5, 1947, in

the case of registrations previously issued under the act of Mar.

3, 1881, or Feb. 20, 1905, and continuing in full force and effect

on that date, or July 5, 1947, in the case of applications under

the act of Feb. 20, 1905, and registered after July 5, 1947, for

provisions which restricted issuance of concurrent registrations to

persons entitled to use such mark as a result of their concurrent

lawful use thereof in commerce prior to any of the filing dates of

the applications involved, and provisions directing that issuance

of the mark be upon such conditions and limitations as to the mode

or place of use of the marks or the goods in connection with which

such marks are used, for provisions which required issuance under

conditions and limitations as to the mode or place of use of the

goods in connection with which such registrations may be granted,

and eliminated provisions which limited confusion, mistake, or

deception to purchasers, required written notice of applications

for concurrent registrations and of hearings thereon, and

publication in the Official Gazette upon a decision to grant such a

registration and permitted a court to order such a registration

under section 4915 of the Revised Statutes.

EFFECTIVE DATE OF 1999 AMENDMENTS

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) (title IV, Sec. 4731) of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

Pub. L. 106-43, Sec. 2(e), Aug. 5, 1999, 113 Stat. 218, provided

that: ''The amendments made by this section (amending this section

and sections 1063, 1064, and 1092 of this title) shall take effect

on the date of enactment of this Act (Aug. 5, 1999) and shall apply

only to any application for registration filed on or after January

16, 1996.''

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-330 effective Oct. 30, 1998, and

applicable 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, see section

201(b) of Pub. L. 105-330, set out as a note under section 1051 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 523 of title V of Pub. L. 103-465 provided that: ''The

amendments made by this subtitle (subtitle B (Sec. 521-523) of

title V of Pub. L. 103-465, amending this section and section 1127

of this title) take effect one year after the date on which the WTO

Agreement enters into force with respect to the United States (Jan.

1, 1995).''

EFFECTIVE DATE OF 1993 AMENDMENT

Section 335 of title III of Pub. L. 103-182 provided that:

''(a) In General. - Subject to subsections (b) and (c), the

amendments made by this subtitle (subtitle C (Sec. 331-335) of

title III of Pub. L. 103-182, enacting section 104A of Title 17,

Copyrights, amending this section, section 1091 of this title, and

section 104 of Title 35, Patents, and amending provisions set out

as a note under section 109 of Title 17) take effect on the date

the Agreement (North American Free Trade Agreement) enters into

force with respect to the United States (Jan. 1, 1994).

''(b) Section 331. - The amendments made by section 331 (amending

section 104 of Title 35) shall apply to all patent applications

that are filed on or after the date of the enactment of this Act

(Dec. 8, 1993): Provided, That an applicant for a patent, or a

patentee, may not establish a date of invention by reference to

knowledge or use thereof, or other activity with respect thereto,

in a NAFTA country, except as provided in sections 119 and 365 of

title 35, United States Code, that is earlier than the date of the

enactment of this Act.

''(c) Section 333. - The amendments made by section 333 (amending

this section and section 1091 of this title) shall apply only to

trademark applications filed on or after the date of the enactment

of this Act.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-667 effective one year after Nov. 16,

1988, see section 136 of Pub. L. 100-667, set out as a note under

section 1051 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of this

title.

REPEAL AND EFFECT ON EXISTING RIGHTS

Repeal of inconsistent provisions, effect of this chapter on

pending proceedings and existing registrations and rights under

prior acts, see notes set out under section 1051 of this title.

-TRANS-

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, Sec. 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.

-MISC5-

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) of Title 19, Customs Duties, entered

into force with respect to the United States on Jan. 1, 1995. See

note set out under section 3511 of Title 19.

MARKS REGISTERED UNDER TEN-YEAR PROVISO OF TRADE-MARK ACT OF 1905

Marks registered under the ''ten-year proviso'' of section 5 of

the act of Feb. 20, 1905, as amended, deemed to have become

distinctive of the registrant's goods in commerce under par. (f) of

this section, see section 46(b) of act July 5, 1946, set out in

note under section 1051 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1051, 1064, 1068, 1091,

1094 of this title.

-CITE-

15 USC Sec. 1053 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

Sec. 1053. Service marks registrable

-STATUTE-

Subject to the provisions relating to the registration of

trademarks, so far as they are applicable, service marks shall be

registrable, in the same manner and with the same effect as are

trademarks, and when registered they shall be entitled to the

protection provided in this chapter in the case of trademarks.

Applications and procedure under this section shall conform as

nearly as practicable to those prescribed for the registration of

trademarks.

-SOURCE-

(July 5, 1946, ch. 540, title I, Sec. 3, 60 Stat. 429; Pub. L.

100-667, title I, Sec. 105, Nov. 16, 1988, 102 Stat. 3938; Pub. L.

106-43, Sec. 6(b), Aug. 5, 1999, 113 Stat. 220.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-43 substituted ''trademarks'' for

''trade-marks'' wherever appearing.

1988 - Pub. L. 100-667 struck out ''used in commerce'' after

''applicable, service marks'' and '', except when used so as to

represent falsely that the owner thereof makes or sells the goods

on which such mark is used. The Commissioner may establish a

separate register for such service marks'' after ''case of

trade-marks''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-667 effective one year after Nov. 16,

1988, see section 136 of Pub. L. 100-667, set out as a note under

section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS

Repeal of inconsistent provisions, effect of this chapter on

pending proceedings and existing registrations and rights under

prior acts, see notes set out under section 1051 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Commerce, with certain exceptions, to

Secretary of Commerce, with power to delegate, see Reorg. Plan No.

5 of 1950, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1126 of this title.

-CITE-

15 USC Sec. 1054 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

Sec. 1054. Collective marks and certification marks registrable

-STATUTE-

Subject to the provisions relating to the registration of

trademarks, so far as they are applicable, collective and

certification marks, including indications of regional origin,

shall be registrable under this chapter, in the same manner and

with the same effect as are trademarks, by persons, and nations,

States, municipalities, and the like, exercising legitimate control

over the use of the marks sought to be registered, even though not

possessing an industrial or commercial establishment, and when

registered they shall be entitled to the protection provided in

this chapter in the case of trademarks, except in the case of

certification marks when used so as to represent falsely that the

owner or a user thereof makes or sells the goods or performs the

services on or in connection with which such mark is used.

Applications and procedure under this section shall conform as

nearly as practicable to those prescribed for the registration of

trademarks.

-SOURCE-

(July 5, 1946, ch. 540, title I, Sec. 4, 60 Stat. 429; Pub. L.

100-667, title I, Sec. 106, Nov. 16, 1988, 102 Stat. 3938; Pub. L.

106-43, Sec. 6(b), Aug. 5, 1999, 113 Stat. 220.)

-MISC1-

PRIOR PROVISIONS

Acts Feb. 20, 1905, ch. 592, Sec. 1, 33 Stat. 724; May 4, 1906,

ch. 2081, Sec. 1, 34 Stat. 168; Feb. 18, 1909, ch. 144, 35 Stat.

628; Apr. 11, 1930, ch. 132, Sec. 4, 46 Stat. 155; June 10, 1938,

ch. 332, Sec. 1, 52 Stat. 638.

AMENDMENTS

1999 - Pub. L. 106-43 substituted ''trademarks'' for

''trade-marks'' wherever appearing.

1988 - Pub. L. 100-667 substituted ''origin,'' for ''origin used

in commerce,'' and ''except in the case of certification marks

when'' for ''except when'' and struck out after first sentence

''The Commissioner may establish a separate register for such

collective marks and certification marks.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-667 effective one year after Nov. 16,

1988, see section 136 of Pub. L. 100-667, set out as a note under

section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS

Repeal of inconsistent provisions, effect of this chapter on

pending proceedings and existing registrations and rights under

prior acts, see notes set out under section 1051 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Commerce, with certain exceptions, to

Secretary of Commerce, with power to delegate, see Reorg. Plan No.

5 of 1950, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1052, 1064, 1126 of this

title.

-CITE-

15 USC Sec. 1055 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

Sec. 1055. Use by related companies affecting validity and

registration

-STATUTE-

Where a registered mark or a mark sought to be registered is or

may be used legitimately by related companies, such use shall inure

to the benefit of the registrant or applicant for registration, and

such use shall not affect the validity of such mark or of its

registration, provided such mark is not used in such manner as to

deceive the public. If first use of a mark by a person is

controlled by the registrant or applicant for registration of the

mark with respect to the nature and quality of the goods or

services, such first use shall inure to the benefit of the

registrant or applicant, as the case may be.

-SOURCE-

(July 5, 1946, ch. 540, title I, Sec. 5, 60 Stat. 429; Pub. L.

100-667, title I, Sec. 107, Nov. 16, 1988, 102 Stat. 3938.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-667 inserted at end ''If first use of a mark

by a person is controlled by the registrant or applicant for

registration of the mark with respect to the nature and quality of

the goods or services, such first use shall inure to the benefit of

the registrant or applicant, as the case may be.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-667 effective one year after Nov. 16,

1988, see section 136 of Pub. L. 100-667, set out as a note under

section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS

Repeal of inconsistent provisions, effect of this chapter on

pending proceedings and existing registrations and rights under

prior acts, see notes set out under section 1051 of this title.

-CITE-

15 USC Sec. 1056 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

Sec. 1056. Disclaimer of unregistrable matter

-STATUTE-

(a) Compulsory and voluntary disclaimers

The Director may require the applicant to disclaim an

unregistrable component of a mark otherwise registrable. An

applicant may voluntarily disclaim a component of a mark sought to

be registered.

(b) Prejudice of rights

No disclaimer, including those made under subsection (e) of

section 1057 of this title, shall prejudice or affect the

applicant's or registrant's rights then existing or thereafter

arising in the disclaimed matter, or his right of registration on

another application if the disclaimed matter be or shall have

become distinctive of his goods or services.

-SOURCE-

(July 5, 1946, ch. 540, title I, Sec. 6, 60 Stat. 429; Pub. L.

87-772, Sec. 3, Oct. 9, 1962, 76 Stat. 769; Pub. L. 100-667, title

I, Sec. 108, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106-113, div.

B, Sec. 1000(a)(9) (title IV, Sec. 4732(b)(1)(B)), Nov. 29, 1999,

113 Stat. 1536, 1501A-583.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-113 substituted ''Director'' for

''Commissioner''.

1988 - Subsec. (b). Pub. L. 100-667 substituted ''subsection

(e)'' for ''paragraph (d)''.

1962 - Pub. L. 87-772, among other changes, provided that an

applicant may voluntarily disclaim a component of a mark sought to

be registered.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) (title IV, Sec. 4731) of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-667 effective one year after Nov. 16,

1988, see section 136 of Pub. L. 100-667, set out as a note under

section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS

Repeal of inconsistent provisions, effect of this chapter on

pending proceedings and existing registrations and rights under

prior acts, see notes set out under section 1051 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Commerce, with certain exceptions, to

Secretary of Commerce, with power to delegate, see Reorg. Plan No.

5 of 1950, Sec. 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.

-CITE-

15 USC Sec. 1057 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

Sec. 1057. Certificates of registration

-STATUTE-

(a) Issuance and form

Certificates of registration of marks registered upon the

principal register shall be issued in the name of the United States

of America, under the seal of the Patent and Trademark Office, and

shall be signed by the Director or have his signature placed

thereon, and a record thereof shall be kept in the Patent and

Trademark Office. The registration shall reproduce the mark, and

state that the mark is registered on the principal register under

this chapter, the date of the first use of the mark, the date of

the first use of the mark in commerce, the particular goods or

services for which it is registered, the number and date of the

registration, the term thereof, the date on which the application

for registration was received in the Patent and Trademark Office,

and any conditions and limitations that may be imposed in the

registration.

(b) Certificate as prima facie evidence

A certificate of registration of a mark upon the principal

the validity of the registered mark and of the registration of the

mark, of the registrant's ownership of the mark, and of the

registrant's exclusive right to use the registered mark in commerce

on or in connection with the goods or services specified in the

certificate, subject to any conditions or limitations stated in the

certificate.

Contingent on the registration of a mark on the principal

conferring a right of priority, nationwide in effect, on or in

connection with the goods or services specified in the registration

against any other person except for a person whose mark has not

been abandoned and who, prior to such filing -

(1) has used the mark;

(2) has filed an application to register the mark which is

pending or has resulted in registration of the mark; or

(3) has filed a foreign application to register the mark on the

basis of which he or she has acquired a right of priority, and

timely files an application under section 1126(d) of this title

to register the mark which is pending or has resulted in

registration of the mark.

(d) Issuance to assignee

A certificate of registration of a mark may be issued to the

assignee of the applicant, but the assignment must first be

recorded in the Patent and Trademark Office. In case of change of

ownership the Director shall, at the request of the owner and upon

a proper showing and the payment of the prescribed fee, issue to

such assignee a new certificate of registration of the said mark in

the name of such assignee, and for the unexpired part of the

original period.

(e) Surrender, cancellation, or amendment by registrant

Upon application of the registrant the Director may permit any

registration to be surrendered for cancellation, and upon

cancellation appropriate entry shall be made in the records of the

Patent and Trademark Office. Upon application of the registrant and

payment of the prescribed fee, the Director for good cause may

permit any registration to be amended or to be disclaimed in part:

Provided, That the amendment or disclaimer does not alter

materially the character of the mark. Appropriate entry shall be

made in the records of the Patent and Trademark Office and upon the

certificate of registration or, if said certificate is lost or

destroyed, upon a certified copy thereof.

(f) Copies of Patent and Trademark Office records as evidence

Copies of any records, books, papers, or drawings belonging to

the Patent and Trademark Office relating to marks, and copies of

registrations, when authenticated by the seal of the Patent and

Trademark Office and certified by the Director, or in his name by

an employee of the Office duly designated by the Director, shall be

evidence in all cases wherein the originals would be evidence; and

any person making application therefor and paying the prescribed

fee shall have such copies.

(g) Correction of Patent and Trademark Office mistake

Whenever a material mistake in a registration, incurred through

the fault of the Patent and Trademark Office, is clearly disclosed

by the records of the Office a certificate stating the fact and

nature of such mistake, shall be issued without charge and recorded

and a printed copy thereof shall be attached to each printed copy

of the registration certificate and such corrected registration

shall thereafter have the same effect as if the same had been

originally issued in such corrected form, or in the discretion of

the Director a new certificate of registration may be issued

without charge. All certificates of correction heretofore issued

in accordance with the rules of the Patent and Trademark Office and

the registrations to which they are attached shall have the same

force and effect as if such certificates and their issue had been

specifically authorized by statute.

(h) Correction of applicant's mistake

Whenever a mistake has been made in a registration and a showing

has been made that such mistake occurred in good faith through the

fault of the applicant, the Director is authorized to issue a

certificate of correction or, in his discretion, a new certificate

upon the payment of the prescribed fee: Provided, That the

correction does not involve such changes in the registration as to

require republication of the mark.

-SOURCE-

(July 5, 1946, ch. 540, title I, Sec. 7, 60 Stat. 430; Aug. 17,

1950, ch. 733, 64 Stat. 459; Pub. L. 87-772, Sec. 4, Oct. 9, 1962,

76 Stat. 769; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949;

Pub. L. 100-667, title I, Sec. 109, Nov. 16, 1988, 102 Stat. 3938;

Pub. L. 105-330, title II, Sec. 201(a)(3), Oct. 30, 1998, 112 Stat.

3070; Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title IV, Sec.

4732(b)(1)(B)), Nov. 29, 1999, 113 Stat. 1536, 1501A-583.)

-MISC1-

PRIOR PROVISIONS

Subsecs. (a) and (c) are from acts Feb. 20, 1905, ch. 592, Sec.

11, 33 Stat. 727; Mar. 4, 1925, ch. 535, Sec. 3, 43 Stat. 1269.

Subsec. (e) is from act Mar. 19, 1920, ch. 104, Sec. 7, 41 Stat.

535.

Subsec. (f) is from act Mar. 4, 1925, ch. 535, Sec. 1, 43 Stat.

1268.

AMENDMENTS

1999 - Subsecs. (a), (d) to (h). Pub. L. 106-113 substituted

''Director'' for ''Commissioner'' wherever appearing.

1998 - Subsec. (a). Pub. L. 105-330 struck out second period at

end of first sentence.

1988 - Subsec. (b). Pub. L. 100-667, Sec. 109(1), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

''A certificate of registration of a mark upon the principal

the validity of the registration, registrant's ownership of the

mark, and of registrant's exclusive right to use the mark in

commerce in connection with the goods or services specified in the

certificate, subject to any conditions and limitations stated

therein.''

Subsec. (c). Pub. L. 100-667, Sec. 109(3), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 100-667, Sec. 109(2), (4), redesignated

former subsec. (c) as (d) and substituted ''prescribed fee'' for

''fee herein provided''. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 100-667, Sec. 109(2), redesignated former

subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 100-667, Sec. 109(2), (5), redesignated

former subsec. (e) as (f) and substituted ''prescribed fee'' for

''fee required by law''. Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 100-667, Sec. 109(2), redesignated former

subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 100-667, Sec. 109(2), (6), redesignated

former subsec. (g) as (h) and substituted ''prescribed fee'' for

''required fee''.

1975 - Subsecs. (a), (c) to (f). Pub. L. 93-596 substituted

''Patent and Trademark Office'' for ''Patent Office''.

1962 - Subsec. (a). Pub. L. 87-772 substituted ''signature

placed'' for ''name printed'', and struck out provisions requiring

an attestation by an assistant commissioner or by one of the law

examiners designated by the Commissioner, together with printed

copies of the drawing and statement of the applicant, to be kept in

books for that purpose.

Subsec. (d). Pub. L. 87-772, among other charges, removed the

requirement of a fee in connection with the voluntary surrender or

cancellation of a registration.

Subsec. (e). Pub. L. 87-772 substituted ''an employee of the

Office'' for ''a chief of division'', among other changes.

Subsec. (f). Pub. L. 87-772, among other changes, struck out '',

signed by the Commissioner and sealed with the seal of the Patent

Office'' after ''nature of such mistake''.

1950 - Subsec. (a). Act Aug. 17, 1950, made it unnecessary to

include in the certificate a statement of the applicant.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) (title IV, Sec. 4731) of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-330 effective Oct. 30, 1998, and

applicable 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, see section

201(b) of Pub. L. 105-330, set out as a note under section 1051 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-667 effective one year after Nov. 16,

1988, see section 136 of Pub. L. 100-667, set out as a note under

section 1051 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of this

title.

REPEAL AND EFFECT ON EXISTING RIGHTS

Repeal of inconsistent provisions, effect of this chapter on

pending proceedings and existing registrations and rights under

prior acts, see notes set out under section 1051 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Commerce, with certain exceptions, to

Secretary of Commerce, with power to delegate, see Reorg. Plan No.

5 of 1950, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1068, 1071, 1092, 1094,

1115, 1141f of this title.

-CITE-

15 USC Sec. 1058 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

Sec. 1058. Duration

-STATUTE-

(a) In general

Each registration shall remain in force for 10 years, except that

the registration of any mark shall be canceled by the Director for

failure to comply with the provisions of subsection (b) of this

section, upon the expiration of the following time periods, as

applicable:

(1) For registrations issued pursuant to the provisions of this

chapter, at the end of 6 years following the date of

registration.

(2) For registrations published under the provisions of section

1062(c) of this title, at the end of 6 years following the date

of publication under such section.

(3) For all registrations, at the end of each successive

10-year period following the date of registration.

(b) Affidavit of continuing use

During the 1-year period immediately preceding the end of the

applicable time period set forth in subsection (a) of this section,

the owner of the registration shall pay the prescribed fee and file

in the Patent and Trademark Office -

(1) an affidavit setting forth those goods or services recited

in the registration on or in connection with which the mark is in

use in commerce and such number of specimens or facsimiles

showing current use of the mark as may be required by the

Director; or

(2) an affidavit setting forth those goods or services recited

in the registration on or in connection with which the mark is

not in use in commerce and showing that any such nonuse is due to

special circumstances which excuse such nonuse and is not due to

any intention to abandon the mark.

(1) The owner of the registration may make the submissions

required under this section within a grace period of 6 months after

the end of the applicable time period set forth in subsection (a)

of this section. Such submission is required to be accompanied by

a surcharge prescribed by the Director.

(2) If any submission filed under this section is deficient, the

deficiency may be corrected after the statutory time period and

within the time prescribed after notification of the deficiency.

Such submission is required to be accompanied by a surcharge

prescribed by the Director.

(d) Notice of affidavit requirement

Special notice of the requirement for affidavits under this

section shall be attached to each certificate of registration and

notice of publication under section 1062(c) of this title.

(e) Notification of acceptance or refusal of affidavits

The Director shall notify any owner who files 1 of the affidavits

required by this section of the Commissioner's (FOOTNOTE 1)

acceptance or refusal thereof and, in the case of a refusal, the

reasons therefor.

(FOOTNOTE 1) So in original. Probably should be ''Director's''.

(f) Designation of resident for service of process and notices

If the registrant is not domiciled in the United States, the

registrant 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.

-SOURCE-

(July 5, 1946, ch. 540, title I, Sec. 8, 60 Stat. 431; Pub. L.

93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97-247, Sec.

8, Aug. 27, 1982, 96 Stat. 320; Pub. L. 100-667, title I, Sec. 110,

Nov. 16, 1988, 102 Stat. 3939; Pub. L. 105-330, title I, Sec. 105,

Oct. 30, 1998, 112 Stat. 3066; Pub. L. 106-113, div. B, Sec.

1000(a)(9) (title IV, Sec. 4732(b)(1)(B), (C)), Nov. 29, 1999, 113

Stat. 1536, 1501A-583; Pub. L. 107-273, div. C, title III, Sec.

13207(b)(3), Nov. 2, 2002, 116 Stat. 1906.)

-MISC1-

PRIOR PROVISIONS

Act Feb. 20, 1905, ch. 592, Sec. 12, 33 Stat. 727.

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-273 amended subsec. (f)

generally. Prior to amendment, text read as follows: ''If the

registrant is not domiciled in the United States, the registrant

shall designate by a written document filed in the Patent and

Trademark Office the name and address of some 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, such notice

or process may be served upon the Director.''

1999 - Subsecs. (a) to (c). Pub. L. 106-113, Sec. 1000(a)(9)

(title IV, Sec. 4732(b)(1)(B)), substituted ''Director'' for

''Commissioner'' wherever appearing.

Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) (title IV, Sec.

4732(b)(1)(B), (C)), amended subsec. (e) identically, substituting

''Director'' for ''Commissioner''.

Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(9) (title IV, Sec.

4732(b)(1)(B)), substituted ''Director'' for ''Commissioner''.

1998 - Pub. L. 105-330 amended section catchline and text

generally. Prior to amendment, text consisted of subsecs. (a) to

published under other provisions of law, and notification of

acceptance or refusal of affidavits.

1988 - Subsec. (a). Pub. L. 100-667 substituted ''ten'' for

''twenty'' and ''setting forth those goods or services recited in

the registration on or in connection with which the mark is in use

in commerce and attaching to the affidavit a specimen or facsimile

showing current use of the mark, or showing that any'' for

''showing that said mark is in use in commerce or showing that

its''.

1982 - Subsecs. (a), (b). Pub. L. 97-247 struck out ''still''

after ''showing that said mark is'', and inserted ''in commerce''

after ''use''.

1975 - Subsecs. (a), (b). Pub. L. 93-596 substituted ''Patent and

Trademark Office'' for ''Patent Office''.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) (title IV, Sec. 4731) of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-330 effective on the date that is 1 year

after Oct. 30, 1998, see section 110 of Pub. L. 105-330, set out as

a note under section 1051 of this title.

Pub. L. 105-330, title I, Sec. 109(a), Oct. 30, 1998, 112 Stat.

3069, provided that: ''The provisions of section 8 of the Trademark

Act of 1946 (15 U.S.C. 1058), as amended by section 105 of this

Act, shall apply to a registration for trademark issued or renewed

for a 20-year term, if the expiration date of the registration is

on or after the effective date of this Act (probably should be

''this title'', see section 110 of Pub. L. 105-330, set out as an

Effective Date of 1998 Amendment note under section 1051 of this

title).''

For provisions relating to applicability of amendment by Pub. L.

105-330 to applications for registration of trademarks, see section

109(b) of Pub. L. 105-330, set out as a note under section 1051 of

this title.

Pub. L. 105-330, title I, Sec. 109(c), Oct. 30, 1998, 112 Stat.

3069, provided that: ''The provisions of section 8 of the Trademark

Act of 1946 (15 U.S.C. 1058), as amended by section 105 of this

Act, shall apply to the filing of an affidavit if the sixth or

tenth anniversary of the registration, or the sixth anniversary of

publication of the registration under section 12(c) of the

Trademark Act of 1946 (15 U.S.C. 1062(c)), for which the affidavit

is filed is on or after the effective date of this Act (probably

should be ''this title'', see section 110 of Pub. L. 105-330, set

out as an Effective Date of 1998 Amendment note under section 1051

of this title).''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-667 effective one year after Nov. 16,

1988, see section 136 of Pub. L. 100-667, set out as a note under

section 1051 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-247 effective six months after Aug. 27,

1982, see section 17(c) of Pub. L. 97-247, set out as a note under

section 294 of Title 35, Patents.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of this

title.

REPEAL AND EFFECT ON EXISTING RIGHTS

Repeal of inconsistent provisions, effect of this chapter on

pending proceedings and existing registrations and rights under

prior acts, and saving clause, see notes set out under section 1051

of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of Commerce, with certain exceptions, to

Secretary of Commerce, with power to delegate, see Reorg. Plan No.

5 of 1950, Sec. 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.

-MISC5-

REFERENCES TO TRADEMARK ACT OF 1946

Pub. L. 105-330, title I, Sec. 102, Oct. 30, 1998, 112 Stat.

3064, provided that: ''For purposes of this title (see Short Title

of 1998 Amendment note set out under section 1051 of this title),

the Act entitled 'An Act to provide for the registration and

protection of trademarks used in commerce, to carry out the

provisions of certain international conventions, and for other

purposes', approved July 5, 1946 (15 U.S.C. 1051 et seq.), shall be

referred to as the 'Trademark Act of 1946'.''

PENDING APPLICATIONS

Act July 5, 1946, ch. 540, title XI, Sec. 51, as added Nov. 16,

1988, Pub. L. 100-667, title I, Sec. 135, 102 Stat. 3948, provided

that: ''All certificates of registration based upon applications

for registration pending in the Patent and Trademark Office on the

effective date of the Trademark Law Revision Act of 1988 (see

Effective Date of 1988 Amendment note set out under section 1051 of

this title) shall remain in force for a period of 10 years.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1059 of this title.

-CITE-

15 USC Sec. 1059 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS

SUBCHAPTER I - THE PRINCIPAL REGISTER

-HEAD-

Sec. 1059. Renewal of registration

-STATUTE-

(a) Period of renewal; time for renewal

Subject to the provisions of section 1058 of this title, each

registration may be renewed for periods of 10 years at the end of

each successive 10-year period following the date of registration

upon payment of the prescribed fee and the filing of a written

application, in such form as may be prescribed by the Director.

Such application may be made at any time within 1 year before the

end of each successive 10-year period for which the registration

was issued or renewed, or it may be made within a grace period of 6

months after the end of each successive 10-year period, upon

payment of a fee and surcharge prescribed therefor. If any

application filed under this section is deficient, the deficiency

may be corrected within the time prescribed after notification of

the deficiency, upon payment of a surcharge prescribed therefor.

(b) Notification of refusal of renewal

If the Director refuses to renew the registration, the Director

shall notify the registrant of the Commissioner's (FOOTNOTE 1)

refusal and the reasons therefor.

(FOOTNOTE 1) So in original. Probably should be ''Director's''.

If the registrant is not domiciled in the United States the

registrant 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.

-SOURCE-

(July 5, 1946, ch. 540, title I, Sec. 9, 60 Stat. 431; Pub. L.

87-772, Sec. 5, Oct. 9, 1962, 76 Stat. 770; Pub. L. 100-667, title

I, Sec. 111, Nov. 16, 1988, 102 Stat. 3939; Pub. L. 105-330, title

I, Sec. 106, Oct. 30, 1998, 112 Stat. 3067; Pub. L. 106-113, div.

B, Sec. 1000(a)(9) (title IV, Sec. 4732(b)(1)(B), (C)), Nov. 29,

1999, 113 Stat. 1536, 1501A-583; Pub. L. 107-273, div. C, title

III, Sec. 13207(b)(4), Nov. 2, 2002, 116 Stat. 1907.)

-MISC1-

PRIOR PROVISIONS

Act Feb. 20, 1905, ch. 592, Sec. 12, 33 Stat. 727.

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-273 amended subsec. (c)