Trademark Act 1946

U. S. TRADEMARK LAW

FEDERAL STATUTES

U. S. PATENT & TRADEMARK OFFICE
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TABLE OF CONTENTS
TRADEMARK ACT OF 1946, AS AMENDED
TITLE I - THE PRINCIPAL REGISTER
§ 1 (15 U.S.C. § 1051). Application for registration; verification
§ 2 (15 U.S.C. § 1052). Trademarks registrable on the principal register; concurrent
registration
§ 3 (15 U.S.C. § 1053). Service marks registrable
§ 4 (15 U.S.C. § 1054). Collective marks and certification marks registrable
§ 5 (15 U.S.C. § 1055). Use by related companies
§ 6 (15 U.S.C. § 1056). Disclaimers
§ 7 (15 U.S.C. § 1057). Certificates of registration
§ 8 (15 U.S.C. § 1058). Duration
§ 9 (15 U.S.C. § 1059). Renewal of registration
§ 10 (15 U.S.C. § 1060). Assignment
§ 11 (15 U.S.C. § 1061). Acknowledgments and verifications
§ 12 (15 U.S.C. § 1062). Publication
§ 13 (15 U.S.C. § 1063). Opposition
§ 14 (15 U.S.C. § 1064). Cancellation
§ 15 (15 U.S.C. § 1065). Incontestability of right to use mark under certain conditions
§ 16 (15 U.S.C. § 1066). Interference
§ 17 (15 U.S.C. § 1067). Interference, opposition, and proceedings for concurrent use
registration or for cancellation; notice; Trademark Trial and Appeal Board
§ 18 (15 U.S.C. § 1068). Refusal, cancellation, or restriction of registration; concurrent use
§ 19 (15 U.S.C. § 1069). Applicability, in inter partes proceeding, of equitable principles of
laches, estoppel and acquiescence
§ 20 (15 U.S.C. § 1070). Appeal from examiner to Trademark Trial and Appeal Board
§ 21 (15 U.S.C. § 1071). Appeal to courts
§ 22 (15 U.S.C. § 1072). Registration as notice
TITLE II - THE SUPPLEMENTAL REGISTER
§ 23 (15 U.S.C. § 1091).
§ 24 (15 U.S.C. § 1092).
§ 25 (15 U.S.C. § 1093).
§ 26 (15 U.S.C. § 1094).
§ 27 (15 U.S.C. § 1095).
§ 28 (15 U.S.C. § 1096).

Filing and registration for foreign use
Cancellation
Supplemental registration certificate
General provisions
Principal registration not precluded by supplemental registration
Department of Treasury; supplemental registration not filed

TITLE III - NOTICE OF REGISTRATION
§ 29 (15 U.S.C. § 1111). Notice of registration; display with mark; actual notice
TITLE IV - CLASSIFICATION
§ 30 (15 U.S.C. § 1112). Classification of goods and services; registration in plurality of
classes
TITLE V - FEES AND CHARGES
§ 31 (15 U.S.C. § 1113). Fees

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TITLE VI - REMEDIES
§ 32 (15 U.S.C. § 1114).
§ 33 (15 U.S.C. § 1115).
§ 34 (15 U.S.C. § 1116).
§ 35 (15 U.S.C. § 1117).
§ 36 (15 U.S.C. § 1118).
§ 37 (15 U.S.C. § 1119).
orders
§ 38 (15 U.S.C. § 1120).
§ 39 (15 U.S.C. § 1121).
requirements
§ 40 (15 U.S.C. § 1122).
§ 41 (15 U.S.C. § 1123).

Remedies; infringement; innocent infringers
Registration as evidence of right to exclusive use; defenses
Injunctions; enforcement; notice of filing suit given Director
Recovery of profits, damages, and costs
Destruction of infringing articles
Power of court over registration; certification of decrees and
Fraud; civil liability
Jurisdiction of Federal courts; State, local, and other agency
Liability of States, instrumentalities of States and State officials
Rules and regulations

TITLE VII - IMPORTATION FORBIDDEN OF GOODS BEARING INFRINGING MARKS OR
NAMES
§ 42 (15 U.S.C. § 1124). Importation of goods bearing infringing marks or names forbidden
TITLE VIII - FALSE DESIGNATIONS OF ORIGIN, FALSE DESCRIPTIONS. AND DILUTION
FORBIDDEN
§ 43 (15 U.S.C. § 1125). False designations of origin; false description or representation
TITLE IX - INTERNATIONAL CONVENTIONS
§ 44 (15 U.S.C. § 1126). International conventions; register of marks
TITLE X - CONSTRUCTION AND DEFINITIONS
§ 45 (15 U.S.C. § 1127).
TITLE XI - REPEAL OF PREVIOUS ACTS
§ 46(a) (15 U.S.C. § 1051 note). Time of taking effect - Repeal of prior acts
§ 46(b) (15 U.S.C. § 1051 note). Existing registrations under prior acts
§ 47(a) (15 U.S.C. § 1051 note). Applications pending on effective date of Act
§ 47(b) (15 U.S.C. § 1051 note). Appeals pending on effective date of Act
§ 48 (15 U.S.C. § 1051 note). Prior acts not repealed
§ 49 (15 U.S.C. § 1051 note). Preservation of existing rights
§ 50 (15 U.S.C. § 1051 note). Severability
§ 51 (15 U.S.C. § 1058 note). Applications pending on effective date of the Trademark Law
Revision Act of 1988
TITLE XII—THE MADRID PROTOCOL
Sec. 60 (15 U.S.C. § 1141). Definitions
Sec. 61 (15 U.S.C. § 1141a). International applications based on United States applications
or registrations
Sec. 62 (15 U.S.C. § 1141b). Certification of the international application
Sec. 63 (15 U.S.C. § 1141c). Restriction, abandonment, cancellation, or expiration of a
basic application or basic registration
Sec. 64 (15 U.S.C. § 1141d). Request for extension of protection subsequent to
International registration
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Sec. 65 (15 U.S.C. § 1141e). Extension of protection of an international registration to the
United States under the Madrid Protocol
Sec. 66 (15 U.S.C. § 1141f). Effect of filing a request for extension of protection of an
international registration to the United States
Sec. 67 (15 U.S.C. § 1141g). Right of priority for request for extension of protection to the
United States.
Sec. 68 (15 U.S.C. § 1141h). Examination of and opposition to request for extension of
protection; notification of refusal
Sec. 69 (15 U.S.C. § 1141i). Effect of extension of protection.
Sec. 70 (15 U.S.C. § 1141j). Dependence of extension of protection to the United States on
the underlying international registration
Sec. 71 (15 U.S.C. § 1141k). Affidavits and fees
Sec. 72 (15 U.S.C. § 1141l). Assignment of an extension of protection
Sec. 73 (15 U.S.C. § 1141m). Incontestability
Sec. 74 (15 U.S.C. § 1141n). Rights of extension of protection
Sec. 13403 (15 U.S.C. § 1141 note). Effective date
UNITED STATES CODE, TITLE 35, PATENTS
PART 1-UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1-ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
35 U.S.C. § 1. Establishment.
35 U.S.C. § 2. Powers and duties.
35 U.S.C. § 3. Officers and employees.
35 U.S.C. § 4. Restrictions on officers and employees as to interest in patents
35 U.S.C. § 5. Patent and Trademark Office Public Advisory Committees.
35 U.S.C. § 6. Patent Trial and Appeal Board. (35 U.S.C. § 6 pertains to patents.)
35 U.S.C. § 7. Library.
35 U.S.C. § 8. Classification of patents. (35 U.S.C. § 8 pertains to patents.)
35 U.S.C. § 9. Certified copies of records.
35 U.S.C. § 10. Publications.
35 U.S.C. § 11. Exchange of copies of patents. (35 U.S.C. § 11 pertains to patents.)
35 U.S.C. § 12. Copies of patents and applications for public libraries. (35 U.S.C. § 12
pertains to patents.)
35 U.S.C. § 13. Annual report to Congress.
CHAPTER 2—PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE
35 U.S.C. § 21. Filing date and day for taking action.
5 U.S.C. § 6103. Holidays.
District of Columbia Code—Section 28-2701.
35 U.S.C. § 22. Printing of papers filed.
35 U.S.C. § 23. Testimony in Patent and Trademark Office cases.
35 U.S.C. § 24. Subpoenas, witnesses.
35 U.S.C. § 25. Declaration in lieu of oath.
35 U.S.C. § 26. Effect of defective execution.
CHAPTER 3—PRACTICE BEFORE PATENT AND TRADEMARK OFFICE
35 U.S.C. § 31. [Repealed]
35 U.S.C. § 32. Suspension or exclusion from practice.
35 U.S.C. § 33. Unauthorized representation as practitioner.
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CHAPTER 4—PATENT FEES, FUNDING, SEARCH SYSTEMS
35 U.S.C. § 41(i). Patent and trademark search systems.
35 U.S.C. § 41 note. Adjustment of trademark fees.
35 U.S.C. § 42. Patent and Trademark Office funding.
NOTES OF OTHER STATUTES

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Trademark Act of 1946, as Amended
PUBLIC LAW 79-489, CHAPTER 540, APPROVED JULY 5, 1946; 60 STAT. 427
The headings used for sections and subsections or paragraphs in the following reprint of the Act
are not part of the Act but have been added for convenience in using this reprint. Prior trademark
statutes may be found in Title 15, Chapter 3, of the U.S. Code and in the Statutes at Large. The
present Act forms Chapter 22 of Title 15 of the U.S. Code and the U.S. Code citations have been
placed at the beginning of each section and subsection. Included are an amendment to repeal
§ 40 by the Act of May 24, 1949, 63 Stat. 109; and amendments made to § 7(a) by the Act of
August 17, 1950, Public Law 81-710, 64 Stat. 459; to § 21 by the Act of July 19, 1952, Public Law
82-593, 66 Stat. 792; to §§ 17, 20, 21, 24 and 31 by the Act of August 8, 1958, Public Law 85609, 72 Stat. 540; to § 44(d) by the Act of October 3, 1961, Public Law 87-333, 75 Stat. 748; to
§§ 1(a)(1), 2(d), 6, 7(a), 7(d), 7(e), 7(f), 9, 10, 12(a), 12(c), 13, 14, 15, 16, 21, 23, 24, 29, 30, 32,
33, 35, 44(b), 44(e) and 45 by the Act of October 9, 1962, Public Law 87-772, 76 Stat. 769; to
§ 31 by the Act of July 24, 1965, Public Law 89-83, 79 Stat. 260; to § 29 and the terms “Patent
Office” and “Commissioner of Patents” by the Act of January 2, 1975, Public Law 93-596, 88 Stat.
1949; to §§ 13, 21 and 35 by the Act of January 2, 1975, Public Law 93-600, 88 Stat. 1955; to
§ 42 by the Act of October 3, 1978, Public Law 95-410, 92 Stat. 903; to § 17 by the Act of October
15, 1980, Public Law 96-455, 94 Stat. 2024; to § 31 by the Act of December 12, 1980, Public Law
96-517, 94 Stat. 3018; to §§ 21 and 39 by the Act of April 2, 1982, Public Law 97-164, 96 Stat. 25;
to §§ 8(a), 8(b), 11, 13, 14, 15, 16 and 31 by the Act of August 27, 1982, Public Law 97-247, 96
Stat. 317; to § 31(a) by the Act of September 8, 1982, Public Law 97-256, 96 Stat. 816; to add
§ 39(a) by the Act of October 12, 1982, Public Law 97-296, 96 Stat. 1316; to §§ 34, 35 and 36 by
the Act of October 12, 1984, Public Law 98-473, 98 Stat. 2179; to §§ 14(c), 21 and 45 by the Act
of November 8, 1984, Public Law 98-620, 98 Stat. 3335; to §§ 1, 2(d), 2(e), 2(f), 3, 4, 5, 6(b), 7,
8(a), 9(a), 9(c), 10, 12(a), 13, 14, 15, 16, 18, 19, 21, 23, 24, 26, 27, 29, 30, 32(2), 33, 34, 35(a),
36, 39, 43(a), 44 and 45 and to add § 51 by the Act of November 16, 1988, Public Law 100-667,
102 Stat. 3935; to § 31(a) by the Act of December 10, 1991, Public Law 102-204, 105 Stat. 1640;
to § 32(1), to add § 40, and to §§ 43(a) and 45 by the Act of October 27, 1992, Public Law 102542, 106 Stat. 3567; to §§ 2(e), 2(f) and 23(a) by the Act of December 8, 1993, Public Law 103182, 107 Stat. 2057; to §§ 2(a) and 45 by the Act of December 8, 1994, Public Law 103-465, 108
Stat. 4982; to §§ 43 and 45 by the Act of January 16, 1996, Public Law 104-98, 109 Stat. 985; to
§§ 34(d)(9) and 35 by Public Law No. 104-153, 110 Stat. 1386, July 2, 1996; to §§ 1(d)(1), 2, 7(a),
14, 23(c), 26, 31, 32(1), 33(b), 39(a) and 42 by Public Law 105-330, 112 Stat. 3069, effective
October 30, 1998; to §§ 2, 10, 13(a), 14, 24, 32, 34(a), 35(a), 36, 40, 43(a), 43(c)(2) and 45 by
Public Law 106-43, 113 Stat. 218, effective August 5, 1999; to §§ 1(a), 1(b), 12(b), 8, 9, 10, 44(d)
and 44(e) by Public Law 105-330, 112 Stat. 3064, effective October 30, 1999; to §§ 1, 2, 6, 7, 8,
9, 10, 12, 13, 15, 16, 17, 18, 21, 23, 24, 30, 31, 32, 34, 35, 37, 41, 43, 44, 45, and 47(b) by Public
Law 106-113, 113 Stat. 1501A, Nov. 29, 1999; to add Title XII, by Public Law 107-273, 116 Stat.
1758, effective Nov. 2, 2003; by Public Law 108-482, 118 Stat. 3916, effective Dec. 23, 2004; by
Public Law 109-312, 120 Stat. 1730, Oct. 6, 2006; by Public Law 110-313, 122 Stat. 3014, August
12, 2008; by Public Law 110-403, 122 Stat. 4258, Oct. 13, 2008; by Public Law 111-146, 124 Stat.
66, Mar. 17, 2010; by Public Law 112-29, 125 Stat. 316, Sept. 16 2011; by Public Law 112-274,
126 Stat. 2456, 2457, 2458 and 2459, Jan. 14, 2013.

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TITLE I - THE PRINCIPAL REGISTER
§ 1 (15 U.S.C. § 1051). Application for registration; verification
(a)(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 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)(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.
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(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.
(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.
(c) 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) (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.
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(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) 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.
(Amended Oct. 9, 1962, 76 Stat. 769; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 3935; Oct. 30,
1998, 112 Stat. 3064; Nov. 29, 1999, 113 Stat. 1501A; Nov. 2, 2002, 116 Stat. 1906.)

§ 2 (15 U.S.C. § 1052). Trademarks registrable on the principal register; concurrent
registration
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.
(c) Consists of or comprises a name, portrait, or signature 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
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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 herein 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 the date of the enactment of the North American Free
Trade Agreement Implementation Act. A mark which would be likely to cause dilution by
blurring or dilution by tarnishment under section 43(c), may be refused registration only
pursuant to a proceeding brought under section 13. A registration for a mark which would be
likely to cause dilution by blurring or dilution by tarnishment under section 43(c), may be
canceled pursuant to a proceeding brought under either section 14 or section 24.
(Amended Oct. 9, 1962, 76 Stat. 769; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 3037; Dec. 8,
1993, 107 Stat. 2057; Dec. 8, 1994, 108 Stat. 4982; Oct. 30, 1998, 112 Stat. 3069; Aug. 5, 1999, 113 Stat.
218; Nov. 29, 1999, 113 Stat. 1501A-583; Oct. 6, 2006, 120 Stat. 1730.)

§ 3 (15 U.S.C. § 1053). Service marks registrable
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 herein 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.
(Amended Nov. 16, 1988, 102 Stat. 3938.)

§ 4 (15 U.S.C. § 1054). Collective marks and certification marks registrable
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
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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.
(Amended Nov. 16, 1988, 102 Stat. 3938.)

§ 5 (15 U.S.C. § 1055). Use by related companies
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.
(Amended Nov. 16, 1988, 102 Stat. 3938.)

§ 6 (15 U.S.C. § 1056). Disclaimers
(a) 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) 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.
(Amended Oct. 9, 1962, 76 Stat. 769; Nov. 16, 1988, 102 Stat. 3938; Nov. 29, 1999, 113 Stat. 1501A-583.)

§ 7 (15 U.S.C. § 1057). Certificates of registration
(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 United States
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 United States 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 United States 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
register provided by this chapter shall be prima facie evidence of the validity of the registered
mark and of the registration of the mark, of the owner’s ownership of the mark, and of the owner’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.

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(c) Application to register mark considered constructive use. Contingent on the registration of a
mark on the principal register provided by this chapter, the filing of the application to register such
mark shall constitute constructive use of the mark, 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) to register the
125mark 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 United States 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 owner. Upon application of the owner the Director
may permit any registration to be surrendered for cancellation, and upon cancellation appropriate
entry shall be made in the records of the United States Patent and Trademark Office. Upon
application of the owner 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 United States Patent and Trademark Office and upon the certificate of
registration.
(f) Copies of United States Patent and Trademark Office records as evidence. Copies of any
records, books, papers, or drawings belonging to the United States Patent and Trademark Office
relating to marks, and copies of registrations, when authenticated by the seal of the United States
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 United States 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 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 United States 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.
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(Amended Aug. 17, 1950, 64 Stat. 459; Oct. 9, 1962, 76 Stat. 769; Jan. 2, 1975, 88 Stat. 1949; Nov. 16,
1988, 102 Stat. 3938; Oct. 30, 1998, 112 Stat. 3069; Nov. 29, 1999, 113 Stat. 1501A-583; Mar. 17, 2010,
124 Stat. 66.)

§ 8 (15 U.S.C. § 1058). Duration, affidavits and fees
(a) Time Periods for Required Affidavits. Each registration shall remain in force for 10 years,
except that the registration of any mark shall be canceled by the Director unless the owner of the
registration files in the United States Patent and Trademark Office affidavits that meet the
requirements of subsection (b), within the following time periods:
(1) Within the 1-year period immediately preceding the expiration of 6 years following the date
of registration under this Act or the date of the publication under section 12(c).
(2) Within the 1-year period immediately preceding the expiration of 10 years following the
date of registration, and each successive 10-year period following the date of registration.
(3) The owner may file the affidavit required under this section within the 6-month grace period
immediately following the expiration of the periods established in paragraphs (1) and (2),
together with the fee described in subsection (b) and the additional grace period surcharge
prescribed by the Director.
(b) Requirements for Affidavit. The affidavit referred to in subsection (a) shall—
(1)(A) state that the mark is in use in commerce;
(B) set forth the goods and services recited in the registration on or in connection with which
the mark is in use in commerce;
(C) be accompanied by such number of specimens or facsimiles showing current use of the
mark in commerce as may be required by the Director; and
(D) be accompanied by the fee prescribed by the Director; or
(2)(A) set forth the goods and services recited in the registration on or in connection with
which the mark is not in use in commerce;
(B) include a showing that any nonuse is due to special circumstances which excuse such
nonuse and is not due to any intention to abandon the mark; and
(C) be accompanied by the fee prescribed by the Director.
(c) Deficient Affidavit. If any submission filed within the period set forth in subsection (a) is
deficient, including that the affidavit was not filed in the name of the owner of the registration, the
deficiency may be corrected after the statutory time period, within the time prescribed after
notification of the deficiency. Such submission shall be accompanied by the additional deficiency
surcharge prescribed by the Director.
(d) Notice of Requirement. Special notice of the requirement for such affidavit shall be attached to
each certificate of registration and notice of publication under section 12(c).
(e) Notification of Acceptance or Refusal. The Director shall notify any owner who files any
affidavit required by this section of the Director's acceptance or refusal thereof and, in the case of
a refusal, the reasons therefor.
(f) Designation of Resident for Service of Process and Notices. If the owner is not domiciled in the
United States, the owner 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
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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 last designated address, or if the owner 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.
(Jan. 2, 1975, 88 Stat. 1949; Aug. 27, 1982, 96 Stat. 320; Nov. 16, 1988, 102 Stat. 3939; Oct. 30, 1998, 112
Stat. 3066; Nov. 29, 1999, 113 Stat. 1536, 1501A-583; Nov. 2, 2002, 116 Stat. 1906; Mar. 17, 2010, 124
Stat. 66.)

§ 9 (15 U.S.C. § 1059). Renewal of registration
(a) 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) If the Director refuses to renew the registration, the Director shall notify the registrant of the
Director’s refusal and the reasons therefor.
(c) 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.
(Amended Oct. 9, 1962, 76 Stat. 770; Nov. 16, 1988, 102 Stat. 3939; Oct. 30, 1998, 112 Stat. 3067; Nov.
29, 1999, 113 Stat. 1501A-583; Nov. 2, 2002, 116 Stat. 1907.)

§ 10 (15 U.S.C. § 1060). Assignment
(a)(1) A registered mark or a mark for which an application to register has been filed shall be
assignable with the good will of the business in which the mark is used, or with that part of the
good will of the business connected with the use of and symbolized by the mark. Notwithstanding
the preceding sentence, no application to register a mark under section 1051(b) of this title shall
be assignable prior to the filing of an amendment under section 1051(c) of this title to bring the
application into conformity with section 1051(a) of this title or the filing of the verified statement of
use under section 1051(d) of this title, except for an assignment to a successor to the business of
the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and
existing.

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(2) In any assignment authorized by this section, it shall not be necessary to include the good
will of the business connected with the use of and symbolized by any other mark used in the
business or by the name or style under which the business is conducted.
(3) Assignments shall be by instruments in writing duly executed. Acknowledgment shall be
prima facie evidence of the execution of an assignment, and when the prescribed information
reporting the assignment is recorded in the United States Patent and Trademark Office, the
record shall be prima facie evidence of execution.
(4) An assignment shall be void against any subsequent purchaser for valuable consideration
without notice, unless the prescribed information reporting the assignment is recorded in the
United States Patent and Trademark Office within 3 months after the date of the assignment
or prior to the subsequent purchase.
(5) The United States Patent and Trademark Office shall maintain a record of information on
assignments, in such form as may be prescribed by the Director.
(b) An assignee not domiciled in the United States 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 assignee 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
upon the Director.
(Amended Oct. 9, 1962, 76 Stat. 770; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 3937; Aug. 5,
1999, 113 Stat. 218; Oct. 30, 1998, 112 Stat. 3068, effective Oct. 30, 1999; Aug. 5, 1999, 113 Stat. 218;
Nov. 29, 1999, 113 Stat. 1501A-583; Nov. 2, 2002, 116 Stat. 1907.)

§ 11 (15 U.S.C. § 1061). Acknowledgments and verifications
Acknowledgments and verifications required hereunder may be made before any person within
the United States authorized by law to administer oaths, or, when made in a foreign country,
before any diplomatic or consular officer of the United States or before any official authorized to
administer oaths in the foreign country concerned whose authority shall be proved by a certificate
of a diplomatic or consular officer of the United States, or apostille of an official designated by a
foreign country which, by treaty or convention, accords like effect to apostilles of designated
officials in the United States, and shall be valid if they comply with the laws of the state or country
where made.
(Amended Aug. 27, 1982, 96 Stat. 321.)

§ 12 (15 U.S.C. § 1062). Publication
(a) Upon the filing of an application for registration and payment of the prescribed fee, the Director
shall refer the application to the examiner in charge of the registration of marks, who shall cause
an examination to be made and, if on such examination it shall appear that the applicant is entitled
to registration, or would be entitled to registration upon the acceptance of the statement of use
required by section 1051(d) of this title, the Director shall cause the mark to be published in the
Official Gazette of the Patent and Trademark Office: Provided, That in the case of an applicant
claiming concurrent use, or in the case of an application to be placed in an interference as
provided for in section 1066 of this title, the mark, if otherwise registrable, may be published
subject to the determination of the rights of the parties to such proceedings.
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(b) If the applicant is found not entitled to registration, the examiner shall advise the applicant
thereof and of the reason therefor. The applicant shall have a period of six months in which to
reply or amend his application, which shall then be reexamined. This procedure may be repeated
until (1) the examiner finally refuses registration of the mark or (2) the applicant fails for a period of
six months to reply or amend or appeal, whereupon the application shall be deemed to have been
abandoned, unless it can be shown to the satisfaction of the Director that the delay in responding
was unintentional, whereupon such time may be extended.
(c) A registrant of a mark registered under the provision of the Act of March 3, 1881, or the Act of
February 20, 1905, may, at any time prior to the expiration of the registration thereof, upon the
payment of the prescribed fee file with the Director an affidavit setting forth those goods stated in
the registration on which said mark is in use in commerce and that the registrant claims the
benefits of this chapter for said mark. The Director shall publish notice thereof with a reproduction
of said mark in the Official Gazette, and notify the registrant of such publication and of the
requirement for the affidavit of use or nonuse as provided for in subsection (b) of section 1058 of
this title. Marks published under this subsection shall not be subject to the provisions of section
1063 of this chapter.
(Amended Oct. 9, 1962, 76 Stat. 770; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 3940; Oct. 30,
1998, 112 Stat. 3066; Nov. 29, 1999, 113 Stat. 1501A-583.)

§ 13 (15 U.S.C. § 1063). Opposition
(a) Any person who believes that he would be damaged by the registration of a mark upon the
principal register, including the registration of any mark which would be likely to cause dilution by
blurring or dilution by tarnishment under section 1125(c) of this title, may, upon payment of the
prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor,
within thirty days after the publication under subsection (a) of section 1062 of this title of the mark
sought to be registered. Upon written request prior to the expiration of the thirty-day period, the
time for filing opposition shall be extended for an additional thirty days, and further extensions of
time for filing opposition may be granted by the Director for good cause when requested prior to
the expiration of an extension. The Director shall notify the applicant of each extension of the time
for filing opposition. An opposition may be amended under such conditions as may be prescribed
by the Director.
(b) Unless registration is successfully opposed—
(1) a mark entitled to registration on the principal register based on an application filed under
section 1051(a) of this title or pursuant to section 1126 shall be registered in the Patent and
Trademark Office, a certificate of registration shall be issued, and notice of the registration
shall be published in the Official Gazette of the Patent and Trademark Office; or
(2) a notice of allowance shall be issued to the applicant if the applicant applied for registration
under section 1051(b) of this title.
(Amended Oct. 9, 1962, 76 Stat. 771; Jan. 2, 1975, 88 Stat. 1949; Jan. 2, 1975, 88 Stat. 1955; Aug. 27,
1982, 96 Stat. 320; Nov. 16, 1988, 102 Stat. 3940; Aug. 5, 1999, 113 Stat. 218; Nov. 29, 1999, 113 Stat.
1501A-583; Oct. 6, 2006, 120 Stat. 1730.)

§ 14 (15 U.S.C. § 1064). Cancellation
A petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment
of the prescribed fee, be filed as follows by any person who believes that he is or will be
damaged, including as a result of a likelihood of dilution by blurring or dilution by tarnishment
under section 1125(c) of this title, by the registration of a mark on the principal register established
by this chapter, or under the Act of March 3, 1881, or the Act of February 20, 1905:
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(1) Within five years from the date of the registration of the mark under this chapter.
(2) Within five years from the date of publication under section 1062(c) of this title of a mark
registered under the Act of March 3, 1881, or the Act of February 20, 1905.
(3) At any time if the registered mark becomes the generic name for the goods or services, or
a portion thereof, for which it is registered, or is functional, or has been abandoned, or its
registration was obtained fraudulently or contrary to the provisions of section 1054 of this title
or of subsection (a), (b), or (c) of section 1052 of this title for a registration under this chapter,
or contrary to similar prohibitory provisions of such said prior Acts for a registration under such
Acts, or if the registered mark is being used by, or with the permission of, the registrant so as
to misrepresent the source of the goods or services on or in connection with which the mark is
used. If the registered mark becomes the generic name for less than all of the goods or
services for which it is registered, a petition to cancel the registration for only those goods or
services may be filed. A registered mark shall not be deemed to be the generic name of goods
or services solely because such mark is also used as a name of or to identify a unique product
or service. The primary significance of the registered mark to the relevant public rather than
purchaser motivation shall be the test for determining whether the registered mark has
become the generic name of goods or services on or in connection with which it has been
used.
(4) At any time if the mark is registered under the Act of March 3, 1881, or the Act of February
20, 1905, and has not been published under the provisions of subsection (c) of section 1062
of this title.
(5) At any time in the case of a certification mark on the ground that the registrant (A) does not
control, or is not able legitimately to exercise control over, the use of such mark, or (B)
engages in the production or marketing of any goods or services to which the certification
mark is applied, or (C) permits the use of the certification mark for purposes other than to
certify, or (D) discriminately refuses to certify or to continue to certify the goods or services of
any person who maintains the standards or conditions which such mark certifies:
Provided, That the Federal Trade Commission may apply to cancel on the grounds specified in
paragraphs (3) and (5) of this section any mark registered on the principal register established by
this chapter, and the prescribed fee shall not be required. Nothing in paragraph (5) shall be
deemed to prohibit the registrant from using its certification mark in advertising or promoting
recognition of the certification program or of the goods or services meeting the certification
standards of the registrant. Such uses of the certification mark shall not be grounds for
cancellation under paragraph (5), so long as the registrant does not itself produce, manufacture,
or sell any of the certified goods or services to which its identical certification mark is applied.
(Amended Oct. 9, 1962, 76 Stat. 771; Aug. 27, 1982, 96 Stat. 320; Nov. 8, 1984, 98 Stat. 3335; Nov. 16,
1988, 102 Stat. 3940; Oct. 30, 1998, 112 Stat. 3069; Aug. 5, 1999, 113 Stat. 218; Oct. 6, 2006, 120 Stat.
1730.)

§ 15 (15 U.S.C. § 1065). Incontestability of right to use mark under certain conditions
Except on a ground for which application to cancel may be filed at anytime under paragraphs (3)
and (5) of section 1064 of this title, and except to the extent, if any, to which the use of a mark
registered on the principal register infringes a valid right acquired under the law of any State or
Territory by use of a mark or trade name continuing from a date prior to the date of registration
under this chapter of such registered mark, the right of the owner to use such registered mark in
commerce for the goods or services on or in connection with which such registered mark has
been in continuous use for five consecutive years subsequent to the date of such registration and
is still in use in commerce, shall be incontestable: Provided, That—
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(1) there has been no final decision adverse to the owner’s claim of ownership of such mark
for such goods or services, or to the owner’s right to register the same or to keep the same on
the register; and
(2) there is no proceeding involving said rights pending in the United States Patent and
Trademark Office or in a court and not finally disposed of; and
(3) an affidavit is filed with the Director within one year after the expiration of any such fiveyear period setting forth those goods or services stated in the registration on or in connection
with which such mark has been in continuous use for such five consecutive years and is still in
use in commerce, and the other matters specified in paragraphs (1) and (2) of this section;
and
(4) no incontestable right shall be acquired in a mark which is the generic name for the goods
or services or a portion thereof, for which it is registered.
Subject to the conditions above specified in this section, the incontestable right with reference to a
mark registered under this chapter shall apply to a mark registered under the Act of March 3,
1881, or the Act of February 20, 1905, upon the filing of the required affidavit with the Director
within one year after the expiration of any period of five consecutive years after the date of
publication of a mark under the provisions of subsection (c) of section 1062 of this title.
The Director shall notify any registrant who files the above-prescribed affidavit of the filing thereof.
(Amended Oct. 9, 1962, 76 Stat. 771; Jan. 2, 1975, 88 Stat. 1949; Aug. 27, 1982, 96 Stat. 320; Nov. 16,
1988, 102 Stat. 3941; Nov. 29, 1999, 113 Stat. 1501A-583; Mar. 17, 2010, 124 Stat. 66.)

§ 16 (15 U.S.C. § 1066). Interference
Upon petition showing extraordinary circumstances, the Director may declare that an interference
exists when application is made for the registration of a mark which so resembles a mark
previously registered by another, or for the registration of which another has previously made
application, as to be likely when used on or in connection with the goods or services of the
applicant to cause confusion or mistake or to deceive. No interference shall be declared between
an application and the registration of a mark the right to the use of which has become
incontestable.
(Amended Oct. 9, 1962, 76 Stat. 771; Aug. 27, 1982, 96 Stat. 321; Nov. 16, 1988, 102 Stat. 3941; Nov. 29,
1999, 113 Stat. 1501A-583.)

§ 17 (15 U.S.C. § 1067). Interference, opposition, and proceedings for concurrent use
registration or for cancellation; notice; Trademark Trial and Appeal Board
(a) In every case of interference, opposition to registration, application to register as a lawful
concurrent user, or application to cancel the registration of a mark, the Director shall give notice to
all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the
respective rights of registration.
(b) The Trademark Trial and Appeal Board shall include the Director, Deputy Director of the
United States Patent and Trademark Office, the Commissioner for Patents, the Commissioner for
Trademarks, and administrative trademark judges who are appointed by the Director.
(c) Authority of the Secretary. The Secretary of Commerce may, in his or her discretion, deem the
appointment of an administrative trademark judge who, before the date of the enactment of this
subsection, held office pursuant to an appointment by the Director to take effect on the date on
which the Director initially appointed the administrative trademark judge.
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(d) Defense to Challenge of Appointment. It shall be a defense to a challenge to the appointment
of an administrative trademark judge on the basis of the judge's having been originally appointed
by the Director that the administrative trademark judge so appointed was acting as a de facto
officer.
(Amended Aug. 8, 1958, 72 Stat. 540; Jan. 2, 1975, 88 Stat. 1949; 94 Stat. 2024; Nov. 29, 1999, 113 Stat.
1536, 1501A-580; Nov. 2, 2002, 116 Stat. 1902; Aug. 12, 2008, 122 Stat. 3014.)

§ 18 (15 U.S.C. § 1068). Refusal, cancellation, or restriction of registration; concurrent use
In such proceedings the Director may refuse to register the opposed mark, may cancel the
registration, in whole or in part, may modify the application or registration by limiting the goods or
services specified therein, may otherwise restrict or rectify with respect to the register the
registration of a registered mark, may refuse to register any or all of several interfering marks, or
may register the mark or marks for the person or persons entitled thereto, as the rights of the
parties under this chapter may be established in the proceedings: Provided, That in the case of
the registration of any mark based on concurrent use, the Director shall determine and fix the
conditions and limitations provided for in subsection (d) of section 1052 of this title. However, no
final judgment shall be entered in favor of an applicant under section 1051(b) of this title before
the mark is registered, if such applicant cannot prevail without establishing constructive use
pursuant to section 1057(c) of this title.
(Amended Nov. 16, 1988, 102 Stat. 3941; Nov. 29, 1999, 113 Stat. 1501A-583.)

§ 19 (15 U.S.C. § 1069). Applicability, in inter partes proceeding, of equitable principles of
laches, estoppel and acquiescence
In all inter partes proceedings equitable principles of laches, estoppel, and acquiescence, where
applicable, may be considered and applied.
(Amended Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 3941.)

§ 20 (15 U.S.C. § 1070). Appeal from examiner to Trademark Trial and Appeal Board
An appeal may be taken to the Trademark Trial and Appeal Board from any final decision of the
examiner in charge of the registration of marks upon the payment of the prescribed fee.
(Amended Aug. 8, 1958, 72 Stat. 540.)

§ 21 (15 U.S.C. § 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.
(1) An applicant for registration of a mark, party to an interference proceeding, party to an
opposition proceeding, party to an application to register as a lawful concurrent user, party to a
cancellation proceeding, a registrant who has filed an affidavit as provided in section 1058 or
section 71 of this title, or an applicant for renewal, who is dissatisfied with the decision of the
Director or Trademark Trial and Appeal Board, may appeal to the United States Court of Appeals
for the Federal Circuit thereby waiving his right to proceed under subsection (b) of this section:
Provided, That such appeal shall be dismissed if any adverse party to the proceeding, other than
the Director, shall, within twenty days after the appellant has filed notice of appeal according to
paragraph (2) of this subsection, files notice with the Director that he elects to have all further
proceedings conducted as provided in subsection (b) of this section. Thereupon the appellant
shall have thirty days thereafter within which to file a civil action under subsection (b) of this

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section, in default of which the decision appealed from shall govern the further proceedings in the
case.
(2) When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the
appellant shall file in the United States Patent and Trademark Office a written notice of appeal
directed to the Director, within such time after the date of the decision from which the appeal is
taken as the Director prescribes, but in no case less than 60 days after that date.
(3) The Director shall transmit to the United States Court of Appeals for the Federal Circuit a
certified list of the documents comprising the record in the United States Patent and
Trademark Office. The court may request that the Director forward the original or certified
copies of such documents during pendency of the appeal. In an ex parte case, the Director
shall submit to that court a brief explaining the grounds for the decision of the United States
Patent and Trademark Office, addressing all the issues involved in the appeal. The court
shall, before hearing an appeal, give notice of the time and place of the hearing to the Director
and the parties in the appeal.
(4) The United States Court of Appeals for the Federal Circuit shall review the decision from
which the appeal is taken on the record before the United States Patent and Trademark
Office. Upon its determination the court shall issue its mandate and opinion to the Director,
which shall be entered of record in the United States Patent and Trademark Office and shall
govern the further proceedings in the case. However, no final judgment shall be entered in
favor of an applicant under section 1051(b) of this title before the mark is registered, if such
applicant cannot prevail without establishing constructive use pursuant to section 1057(c) of
this title.
(b) Civil action; persons entitled to; jurisdiction of court; status of Director; procedure.
(1) Whenever a person authorized by subsection (a) of this section to appeal to the United States
Court of Appeals for the Federal Circuit is dissatisfied with the decision of the Director or
Trademark Trial and Appeal Board, said person may, unless appeal has been taken to said
United States Court of Appeals for the Federal Circuit, have remedy by a civil action if
commenced within such time after such decision, not less than sixty days, as the Director
appoints or as provided in subsection (a) of this section. The court may adjudge that an applicant
is entitled to a registration upon the application involved, that a registration involved should be
canceled, or such other matter as the issues in the proceeding require, as the facts in the case
may appear. Such adjudication shall authorize the Director to take any necessary action, upon
compliance with the requirements of law. However, no final judgment shall be entered in favor of
an applicant under section 1051(b) of this title before the mark is registered, if such applicant
cannot prevail without establishing constructive use pursuant to section 1057(c) of this title.
(2) The Director shall not be made a party to an inter partes proceeding under this subsection,
but he shall be notified of the filing of the complaint by the clerk of the court in which it is filed
and shall have the right to intervene in the action.
(3) In any case where there is no adverse party, a copy of the complaint shall be served on
the Director, and, unless the court finds the expenses to be unreasonable, all the expenses of
the proceeding shall be paid by the party bringing the case, whether the final decision is in
favor of such party or not. In suits brought hereunder, the record in the United States Patent
and Trademark Office shall be admitted on motion of any party, upon such terms and
conditions as to costs, expenses, and the further cross-examination of the witnesses as the
court imposes, without prejudice to the right of any party to take further testimony. The
testimony and exhibits of the record in the United States Patent and Trademark Office, when
admitted, shall have the same effect as if originally taken and produced in the suit.

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(4) Where there is an adverse party, such suit may be instituted against the party in interest as
shown by the records of the United States Patent and Trademark Office at the time of the
decision complained of, but any party in interest may become a party to the action. If there
are adverse parties residing in a plurality of districts not embraced within the same State, or an
adverse party residing in a foreign country, the United States District Court for the Eastern
District of Virginia shall have jurisdiction and may issue summons against the adverse parties
directed to the marshal of any district in which any adverse party resides. Summons against
adverse parties residing in foreign countries may be served by publication or otherwise as the
court directs.
(Amended July 19, 1952, 66 Stat. 814; Aug. 8, 1958, 72 Stat. 540; Oct. 9, 1962, 76 Stat. 771; Jan. 2, 1975,
88 Stat. 1949; Jan. 2, 1975, 88 Stat. 1955; Apr. 2, 1982, 96 Stat. 49; Nov. 8, 1984, 98 Stat. 3363; Nov. 16,
1988, 102 Stat. 3942; Nov. 29, 1999, 113 Stat. 1501A-583; Mar. 17, 2010, 124 Stat. 66; Sept. 16, 2011, 125
Stat. 316.)

§ 22 (15 U.S.C. § 1072). Registration as notice
Registration of a mark on the principal register provided by this chapter or under the Act of March
3, 1881, or the Act of February 20, 1905, shall be constructive notice of the registrant’s claim of
ownership thereof.
TITLE II - THE SUPPLEMENTAL REGISTER
§ 23 (15 U.S.C. § 1091). Filing and registration for foreign use
(a) In addition to the principal register, the Director shall keep a continuation of the register
provided in paragraph (b) of section 1 of the Act of March 19, 1920, entitled “An Act to give effect
to certain provisions of the convention for the protection of trademarks and commercial names,
made and signed in the city of Buenos Aires, in the Argentine Republic, August 20, 1910, and for
other purposes,” to be called the supplemental register. All marks capable of distinguishing
applicant’s goods or services and not registrable on the principal register herein provided, except
those declared to be unregistrable under subsections (a), (b), (c), (d), and (e)(3) of section 1052 of
this title, which are in lawful use in commerce by the owner thereof, on or in connection with any
goods or services may be registered on the supplemental register upon the payment of the
prescribed fee and compliance with the provisions of subsections (a) and (e) of section 1051 of
this title so far as they are applicable. Nothing in this section shall prevent the registration on the
supplemental register of a mark, capable of distinguishing the applicant’s goods or services and
not registrable on the principal register under this chapter, that is declared to be unregistrable
under section 1052(e)(3) of this title, if such mark has been in lawful use in commerce by the
owner thereof, on or in connection with any goods or services, since before December 8, 1993.
(b) Upon the filing of an application for registration on the supplemental register and payment of
the prescribed fee the Director shall refer the application to the examiner in charge of the
registration of marks, who shall cause an examination to be made and if on such examination it
shall appear that the applicant is entitled to registration, the registration shall be granted. If the
applicant is found not entitled to registration the provisions of subsection (b) of section 1062 of this
title shall apply.
(c) For the purposes of registration on the supplemental register, a mark may consist of any
trademark, symbol, label, package, configuration of goods, name, word, slogan, phrase, surname,
geographical name, numeral, device, any matter that as a whole is not functional, or any
combination of any of the foregoing, but such mark must be capable of distinguishing the
applicant’s goods or services.

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(Amended Oct. 9, 1962, 76 Stat. 773; Nov. 16, 1988, 102 Stat. 3942; Dec. 8, 1993, 107 Stat. 2057; Oct. 30,
1998, 112 Stat. 3069; Nov. 29, 1999, 113 Stat. 1501A-583; Nov. 2, 2002, 116 Stat. 1908.)

§ 24 (15 U.S.C. § 1092). Cancellation
Marks for the supplemental register shall not be published for or be subject to opposition, but shall
be published on registration in the Official Gazette of the Patent and Trademark Office. Whenever
any person believes that such person is or will be damaged by the registration of a mark on the
supplemental register-(1) for which the effective filing date is after the date on which such person's mark became
famous and which would be likely to cause dilution by blurring or dilution by tarnishment under
section 1125(c) of this title; or
(2) on grounds other than dilution by blurring or dilution by tarnishment, such person may at
any time, upon payment of the prescribed fee and the filing of a petition stating the ground
therefor, apply to the Director to cancel such registration.
The Director shall refer such application to the Trademark Trial and Appeal Board, which shall
give notice thereof to the registrant. If it is found after a hearing before the Board that the
registrant is not entitled to registration, or that the mark has been abandoned, the registration shall
be canceled by the Director. However, no final judgment shall be entered in favor of an applicant
under section 1051(b) of this title before the mark is registered, if such applicant cannot prevail
without establishing constructive use pursuant to section 1057(c).
(Amended Aug. 8, 1958, 72 Stat. 540; Oct. 9, 1962, 76 Stat. 773; Jan. 2, 1975, 88 Stat. 1949; Nov. 16,
1988, 102 Stat. 3943; Aug. 5, 1999, 113 Stat. 218; Nov. 29, 1999, 113 Stat. 1501A-583; Oct. 6, 2006, 120
Stat. 1730.)

§ 25 (15 U.S.C. § 1093). Supplemental registration certificate
The certificates of registration for marks registered on the supplemental register shall be
conspicuously different from certificates issued for marks registered on the principal register.
§ 26 (15 U.S.C. § 1094). General provisions
The provisions of this chapter shall govern so far as applicable applications for registration and
registrations on the supplemental register as well as those on the principal register, but
applications for and registrations on the supplemental register shall not be subject to or receive
the advantages of sections 1051(b), 1052(e), 1052(f), 1057(b), 1057(c), 1062(a), 1063 to 1068,
inclusive, 1072, 1115 and 1124 of this title.
(Amended Nov. 16, 1988, 102 Stat. 3943; Oct. 30, 1998, 112 Stat. 3069.)

§ 27 (15 U.S.C. § 1095). Principal registration not precluded by supplemental registration
Registration of a mark on the supplemental register, or under the Act of March 19, 1920, shall not
preclude registration by the registrant on the principal register established by this chapter.
Registration of a mark on the supplemental register shall not constitute an admission that the
mark has not acquired distinctiveness.
(Amended Nov. 16, 1988, 102 Stat. 3943.)

§ 28 (15 U.S.C. § 1096). Department of Treasury; supplemental registration not filed
Registration on the supplemental register or under the Act of March 19, 1920, shall not be filed in
the Department of the Treasury or be used to stop importations.
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TITLE III - NOTICE OF REGISTRATION
§ 29 (15 U.S.C. § 1111). Notice of registration; display with mark; recovery of profits and
damages in infringement suit
Notwithstanding the provisions of section 1072 of this title, a registrant of a mark registered in the
Patent and Trademark Office, may give notice that his mark is registered by displaying with the
mark the words "Registered in U.S. Patent and Trademark Office" or "Reg. U.S. Pat. & Tm. Off."
or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter
by such a registrant failing to give such notice of registration, no profits and no damages shall be
recovered under the provisions of this chapter unless the defendant had actual notice of the
registration.
(Amended Oct. 9, 1962, 76 Stat. 773; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 1343.)

*Note: The amendment of the wording of this term by Public Law 93-596 became effective on
January 2, 1975. However, the amendment provides that any registrant may continue to give
notice of his registration in accordance with § 29 of the Trademark Act of 1946, as amended Oct.
9, 1962, as an alternative to notice in accordance with § 29 of the Trademark Act as amended by
Public Law 93-596, regardless of whether his mark was registered before or after January 2,
1975.
TITLE IV - CLASSIFICATION
§ 30 (15 U.S.C. § 1112). Classification of goods and services; registration in plurality of
classes
The Director may establish a classification of goods and services, for convenience of Patent and
Trademark Office administration, but not to limit or extend the applicant's or registrant's rights.
The applicant may apply to register a mark for any or all of the goods or services on or in
connection with which he or she is using or has a bona fide intention to use the mark in
commerce: Provided, That if the Director by regulation permits the filing of an application for the
registration of a mark for goods or services which fall within a plurality of classes, a fee equaling
the sum of the fees for filing an application in each class shall be paid, and the Director may issue
a single certificate of registration for such mark.
(Amended Oct. 9, 1962, 76 Stat. 773; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 3943; Nov. 29,
1999, 113 Stat. 1501A-583.)

TITLE V - FEES AND CHARGES
§ 31 (15 U.S.C. § 1113). Fees
(a) The Director shall establish fees for the filing and processing of an application for the
registration of a trademark or other mark and for all other services performed by and materials
furnished by the Patent and Trademark Office related to trademarks and other marks. Fees
established under this subsection may be adjusted by the Director once each year to reflect, in the
aggregate, any fluctuations during the preceding 12 months in the Consumer Price Index, as
determined by the Secretary of Labor. Changes of less than 1 percent may be ignored. No fee
established under this section shall take effect until at least 30 days after notice of the fee has
been published in the Federal Register and in the Official Gazette of the Patent and Trademark
Office.

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(b) The Director may waive the payment of any fee for any service or material related to
trademarks or other marks in connection with an occasional request made by a department or
agency of the Government, or any officer thereof. The Indian Arts and Crafts Board will not be
charged any fee to register Government trademarks of genuineness and quality for Indian
products or for products of particular Indian tribes and groups.
(Amended Aug. 8, 1958, 72 Stat. 540; July 24, 1965, 79 Stat. 260; Jan. 2, 1975, 88 Stat. 1949; Dec. 12,
1980, 94 Stat. 3018; Aug. 27, 1982, 96 Stat. 319; Sept. 8, 1982, 96 Stat. 256; Dec. 10, 1991, 105 Stat.
1640; Oct. 30, 1998, 112 Stat. 3069; Nov. 29, 1999, 113 Stat. 1501A-554.)

TITLE VI - REMEDIES
§ 32 (15 U.S.C. § 1114). Remedies; infringement; innocent infringers
(1) Any person who shall, without the consent of the registrant—
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered
mark in connection with the sale, offering for sale, distribution, or advertising of any goods or
services on or in connection with which such use is likely to cause confusion, or to cause
mistake, or to deceive; or
(b) reproduce, counterfeit, copy or colorably imitate a registered mark and apply such
reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages,
wrappers, receptacles or advertisements intended to be used in commerce upon or in
connection with the sale, offering for sale, distribution, or advertising of goods or services on
or in connection with which such use is likely to cause confusion, or to cause mistake, or to
deceive,
shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under
subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the
acts have been committed with knowledge that such imitation is intended to be used to cause
confusion, or to cause mistake, or to deceive.
As used in this paragraph, the term “any person” includes the United States, all agencies and
instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the
United States and with the authorization and consent of the United States, and any State, any
instrumentality of a State, and any officer or employee of a State or instrumentality of a State
acting in his or her official capacity. The United States, all agencies and instrumentalities thereof,
and all individuals, firms, corporations, other persons acting for the United States and with the
authorization and consent of the United States, and any State, and any such instrumentality,
officer, or employee, shall be subject to the provisions of this chapter in the same manner and to
the same extent as any nongovernmental entity.
(2) Notwithstanding any other provision of this chapter, the remedies given to the owner of a right
infringed under this chapter or to a person bringing an action under section 1125(a) or (d) of this
title shall be limited as follows:
(A) Where an infringer or violator is engaged solely in the business of printing the mark or
violating matter for others and establishes that he or she was an innocent infringer or innocent
violator, the owner of the right infringed or person bringing the action under section 1125(a) of
this title shall be entitled as against such infringer or violator only to an injunction against
future printing.
(B) Where the infringement or violation complained of is contained in or is part of paid
advertising matter in a newspaper, magazine, or other similar periodical or in an electronic
communication as defined in section 2510(12) of title 18, United States Code, the remedies of
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the owner of the right infringed or person bringing the action under section 1125(a) of this title
as against the publisher or distributor of such newspaper, magazine, or other similar periodical
or electronic communication shall be limited to an injunction against the presentation of such
advertising matter in future issues of such newspapers, magazines, or other similar periodicals
or in future transmissions of such electronic communications. The limitations of this
subparagraph shall apply only to innocent infringers and innocent violators.
(C) Injunctive relief shall not be available to the owner of the right infringed or person bringing
the action under section 1125(a) of this title with respect to an issue of a newspaper,
magazine, or other similar periodical or an electronic communication containing infringing
matter or violating matter where restraining the dissemination of such infringing matter or
violating matter in any particular issue of such periodical or in an electronic communication
would delay the delivery of such issue or transmission of such electronic communication after
the regular time for such delivery or transmission, and such delay would be due to the method
by which publication and distribution of such periodical or transmission of such electronic
communication is customarily conducted in accordance with sound business practice, and not
due to any method or device adopted to evade this section or to prevent or delay the issuance
of an injunction or restraining order with respect to such infringing matter or violating matter.
(D)(i)(I) A domain name registrar, a domain name registry, or other domain name
registration authority that takes any action described under clause (ii) affecting a domain
name shall not be liable for monetary relief or, except as provided in subclause (II), for
injunctive relief, to any person for such action, regardless of whether the domain name is
finally determined to infringe or dilute the mark.
(II) A domain name registrar, domain name registry, or other domain name
registration authority described in subclause (I) may be subject to injunctive relief
only if such registrar, registry, or other registration authority has—
(aa) not expeditiously deposited with a court, in which an action has been filed
regarding the disposition of the domain name, documents sufficient for the
court to establish the court’s control and authority regarding the disposition of
the registration and use of the domain name;
(bb) transferred, suspended, or otherwise modified the domain name during
the pendency of the action, except upon order of the court; or
(cc) willfully failed to comply with any such court order.
(ii) An action referred to under clause (i)(I) is any action of refusing to register,
removing from registration, transferring, temporarily disabling, or permanently
canceling a domain name—
(I) in compliance with a court order under section 43(d); or
(II) in the implementation of a reasonable policy by such registrar, registry, or
authority prohibiting the registration of a domain name that is identical to,
confusingly similar to, or dilutive of another’s mark.
(iii) A domain name registrar, a domain name registry, or other domain name
registration authority shall not be liable for damages under this section for the
registration or maintenance of a domain name for another absent a showing of bad
faith intent to profit from such registration or maintenance of the domain name.
(iv) If a registrar, registry, or other registration authority takes an action described
under clause (ii) based on a knowing and material misrepresentation by any other
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person that a domain name is identical to, confusingly similar to, or dilutive of a mark,
the person making the knowing and material misrepresentation shall be liable for any
damages, including costs and attorney’s fees, incurred by the domain name registrant
as a result of such action. The court may also grant injunctive relief to the domain
name registrant, including the reactivation of the domain name or the transfer of the
domain name to the domain name registrant.
(v) A domain name registrant whose domain name has been suspended, disabled, or
transferred under a policy described under clause (ii)(II) may, upon notice to the mark
owner, file a civil action to establish that the registration or use of the domain name by
such registrant is not unlawful under this chapter. The court may grant injunctive relief
to the domain name registrant, including the reactivation of the domain name or
transfer of the domain name to the domain name registrant.
(E) As used in this paragraph—(i) the term “violator” means a person who violates section
1125(a) of this title; and
(ii) the term “violating matter” means matter that is the subject of a violation under section
1125(a) of this title.
(Amended Oct. 9, 1962, 76 Stat. 773; Nov. 16, 1988, 102 Stat. 3943; Oct. 27, 1992, 106 Stat. 3567; Oct. 30,
1998, 112 Stat. 3069; Aug. 5, 1999, 113 Stat. 218; Nov. 29, 1999, 113 Stat. 1501A-549.)

§ 33 (15 U.S.C. § 1115). Registration as evidence of right to exclusive use; defenses
(a) Any registration issued under the Act of March 3, 1881, or the Act of February 20, 1905, or of a
mark registered on the principal register provided by this chapter and owned by a party to an
action shall be admissible in evidence and shall be prima facie evidence of 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 registration subject to any conditions or limitations stated
therein, but shall not preclude another person from proving any legal or equitable defense or
defect, including those set forth in subsection (b) of this section, which might have been asserted
if such mark had not been registered.
(b) To the extent that the right to use the registered mark has become incontestable under section
1065 of this title, the registration shall be conclusive evidence of 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. Such conclusive evidence shall relate to
the exclusive right to use the mark on or in connection with the goods or services specified in the
affidavit filed under the provisions of section 1065 of this title, or in the renewal application filed
under the provisions of section 1059 of this title if the goods or services specified in the renewal
are fewer in number, subject to any conditions or limitations in the registration or in such affidavit
or renewal application. Such conclusive evidence of the right to use the registered mark shall be
subject to proof of infringement as defined in section 1114 of this title, and shall be subject to the
following defenses or defects:
(1) That the registration or the incontestable right to use the mark was obtained fraudulently; or
(2) That the mark has been abandoned by the registrant; or
(3) That the registered mark is being used, by or with the permission of the registrant or a person
in privity with the registrant, so as to misrepresent the source of the goods or services on or in
connection with which the mark is used; or

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(4) That the use of the name, term, or device charged to be an infringement is a use, otherwise
than as a mark, of the party’s individual name in his own business, or of the individual name of
anyone in privity with such party, or of a term or device which is descriptive of and used fairly and
in good faith only to describe the goods or services of such party, or their geographic origin; or
(5) That the mark whose use by a party is charged as an infringement was adopted without
knowledge of the registrant’s prior use and has been continuously used by such party or those in
privity with him from a date prior to (A) the date of constructive use of the mark established
pursuant to section 1057(c) of this title, (B) the registration of the mark under this Act if the
application for registration is filed before the effective date of the Trademark Law Revision Act of
1988, or (C) publication of the registered mark under subsection (c) of section 1062 of this
title: Provided, however, That this defense or defect shall apply only for the area in which such
continuous prior use is proved; or
(6) That the mark whose use is charged as an infringement was registered and used prior to the
registration under this Act or publication under subsection (c) of section 1062 of this title of the
registered mark of the registrant, and not abandoned: Provided, however, That this defense or
defect shall apply only for the area in which the mark was used prior to such registration or such
publication of the registrant’s mark; or
(7) That the mark has been or is being used to violate the antitrust laws of the United States; or
(8) That the mark is functional; or
(9) That equitable principles, including laches, estoppel, and acquiescence, are applicable.
(Amended Oct. 9, 1962, 76 Stat. 774; Nov. 16, 1988, 102 Stat. 3944; Oct. 30, 1998, 112 Stat. 3069; Nov. 2,
2002, 116 Stat. 1908.)

§ 34 (15 U.S.C. § 1116). Injunctions; enforcement; notice of filing suit given Director
(a) The several courts vested with jurisdiction of civil actions arising under this chapter shall have
power to grant injunctions, according to the principles of equity and upon such terms as the court
may deem reasonable, to prevent the violation of any right of the registrant of a mark registered in
the Patent and Trademark Office or to prevent a violation under subsection (a), (c), or (d) of
section 1125 of this title. Any such injunction may include a provision directing the defendant to
file with the court and serve on the plaintiff within thirty days after the service on the defendant of
such injunction, or such extended period as the court may direct, a report in writing under oath
setting forth in detail the manner and form in which the defendant has complied with the
injunction. Any such injunction granted upon hearing, after notice to the defendant, by any district
court of the United States, may be served on the parties against whom such injunction is granted
anywhere in the United States where they may be found, and shall be operative and may be
enforced by proceedings to punish for contempt, or otherwise, by the court by which such
injunction was granted, or by any other United States district court in whose jurisdiction the
defendant may be found.
(b) The said courts shall have jurisdiction to enforce said injunction, as herein provided, as fully as
if the injunction had been granted by the district court in which it is sought to be enforced. The
clerk of the court or judge granting the injunction shall, when required to do so by the court before
which application to enforce said injunction is made, transfer without delay to said court a certified
copy of all papers on file in his office upon which said injunction was granted.
(c) It shall be the duty of the clerks of such courts within one month after the filing of any action,
suit, or proceeding involving a mark registered under the provisions of this chapter to give notice
thereof in writing to the Director setting forth in order so far as known the names and addresses of
the litigants and the designating number or numbers of the registration or registrations upon which
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the action, suit, or proceeding has been brought, and in the event any other registration be
subsequently included in the action, suit, or proceeding by amendment, answer, or other pleading,
the clerk shall give like notice thereof to the Director, and within one month after the judgment is
entered or an appeal is taken, the clerk of the court shall give notice thereof to the Director, and it
shall be the duty of the Director on receipt of such notice forthwith to endorse the same upon the
file wrapper of the said registration or registrations and to incorporate the same as a part of the
contents of said file wrapper.
(d) (1) (A) In the case of a civil action arising under section 1114(1)(a) of this title or section
220506 of title 36, United States Code, with respect to a violation that consists of using a
counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services,
the court may, upon ex parte application, grant an order under subsection (a) of this section
pursuant to this subsection providing for the seizure of goods and counterfeit marks involved in
such violation and the means of making such marks, and records documenting the manufacture,
sale, or receipt of things involved in such violation.
(B) As used in this subsection the term “counterfeit mark” means—
(i) a counterfeit of a mark that is registered on the principal register in the United States
Patent and Trademark Office for such goods or services sold, offered for sale, or
distributed and that is in use, whether or not the person against whom relief is sought
knew such mark was so registered; or
(ii) a spurious designation that is identical with, or substantially indistinguishable from,
a designation as to which the remedies of this Act are made available by reason of
section 220506 of title 36, United States Code;
but such term does not include any mark or designation used on or in connection with
goods or services of which the manufacturer or producer was, at the time of the
manufacture or production in question authorized to use the mark or designation for the
type of goods or services so manufactured or produced, by the holder of the right to use
such mark or designation.
(2) The court shall not receive an application under this subsection unless the applicant has
given such notice of the application as is reasonable under the circumstances to the United
States attorney for the judicial district in which such order is sought. Such attorney may
participate in the proceedings arising under such application if such proceedings may affect
evidence of an offense against the United States. The court may deny such application if the
court determines that the public interest in a potential prosecution so requires.
(3) The application for an order under this subsection shall—
(A) be based on an affidavit or the verified complaint establishing facts sufficient to support
the findings of fact and conclusions of law required for such order; and
(B) contain the additional information required by paragraph (5) of this subsection to be set
forth in such order.
(4) The court shall not grant such an application unless—
(A) the person obtaining an order under this subsection provides the security determined
adequate by the court for the payment of such damages as any person may be entitled to
recover as a result of a wrongful seizure or wrongful attempted seizure under this
subsection; and
(B) the court finds that it clearly appears from specific facts that—
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(i) an order other than an ex parte seizure order is not adequate to achieve the
purposes of section 1114 of this title;
(ii) the applicant has not publicized the requested seizure;
(iii) the applicant is likely to succeed in showing that the person against whom seizure
would be ordered used a counterfeit mark in connection with the sale, offering for sale,
or distribution of goods or services;
(iv) an immediate and irreparable injury will occur if such seizure is not ordered;
(v) the matter to be seized will be located at the place identified in the application;
(vi) the harm to the applicant of denying the application outweighs the harm to the
legitimate interests of the person against whom seizure would be ordered of granting
the application; and
(vii) the person against whom seizure would be ordered, or persons acting in concert
with such person, would destroy, move, hide, or otherwise make such matter
inaccessible to the court, if the applicant were to proceed on notice to such person.
(5) An order under this subsection shall set forth—
(A) the findings of fact and conclusions of law required for the order;
(B) a particular description of the matter to be seized, and a description of each place at
which such matter is to be seized;
(C) the time period, which shall end not later than seven days after the date on which such
order is issued, during which the seizure is to be made;
(D) the amount of security required to be provided under this subsection; and
(E) a date for the hearing required under paragraph (10) of this subsection.
(6) The court shall take appropriate action to protect the person against whom an order under
this subsection is directed from publicity, by or at the behest of the plaintiff, about such order
and any seizure under such order.
(7) Any materials seized under this subsection shall be taken into the custody of the court.
For seizures made under this section, the court shall enter an appropriate protective order with
respect to discovery and use of any records or information that has been seized. The
protective order shall provide for appropriate procedures to ensure that confidential, private,
proprietary, or privileged information contained in such records is not improperly disclosed or
used.
(8) An order under this subsection, together with the supporting documents, shall be sealed
until the person against whom the order is directed has an opportunity to contest such order,
except that any person against whom such order is issued shall have access to such order
and supporting documents after the seizure has been carried out.
(9) The court shall order that service of a copy of the order under this subsection shall be
made by a Federal law enforcement officer (such as a United States marshal or an officer or
agent of the United States Customs Service, Secret Service, Federal Bureau of Investigation,
or Post Office) or may be made by a State or local law enforcement officer, who, upon making
service, shall carry out the seizure under the order. The court shall issue orders, when
appropriate, to protect the defendant from undue damage from the disclosure of trade secrets
or other confidential information during the course of the seizure, including, when appropriate,
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orders restricting the access of the applicant (or any agent or employee of the applicant) to
such secrets or information.
(10) (A) The court shall hold a hearing, unless waived by all the parties, on the date set by the
court in the order of seizure. That date shall be not sooner than ten days after the order is
issued and not later than fifteen days after the order is issued, unless the applicant for the
order shows good cause for another date or unless the party against whom such order is
directed consents to another date for such hearing. At such hearing the party obtaining the
order shall have the burden to prove that the facts supporting findings of fact and conclusions
of law necessary to support such order are still in effect. If that party fails to meet that burden,
the seizure order shall be dissolved or modified appropriately.
(B) In connection with a hearing under this paragraph, the court may make such orders
modifying the time limits for discovery under the Rules of Civil Procedure as may be
necessary to prevent the frustration of the purposes of such hearing.
(11) A person who suffers damage by reason of wrongful seizure under this subsection has a
cause of action against the applicant for the order under which such seizure was made, and
shall be entitled to recover such relief as may be appropriate, including damages for lost
profits, cost of materials, loss of goodwill, and punitive damages in instances where the
seizure was sought in bad faith, and, unless the court finds extenuating circumstances, to
recover a reasonable attorney’s fee. The court in its discretion may award prejudgment
interest on relief recovered under this paragraph, at an annual interest rate established under
section 6621(a)(2) of the Internal Revenue Code of 1986, commencing on the date of service
of the claimant’s pleading setting forth the claim under this paragraph and ending on the date
such recovery is granted, or for such shorter time as the court deems appropriate.
(Amended Jan. 2, 1975, 88 Stat. 1949; Oct. 12, 1984, 98 Stat. 2179; Nov. 16, 1988, 102 Stat. 3945; July 2,
1996, 110 Stat. 1386; Aug. 5, 1999, 113 Stat. 218; Nov. 29, 1999, 113 Stat. 1501A-548; Nov. 2, 2002, 116
Stat. 1908; Oct. 13, 2008, 122 Stat. 4258)

§ 35 (15 U.S.C. § 1117). Recovery of profits, damages, and costs
(a) When a violation of any right of the registrant of a mark registered in the Patent and
Trademark Office, a violation under section 1125(a) or (d) of this title or a willful violation under
section 1125(c) of this title, shall have been established in any civil action arising under this Act,
the plaintiff shall be entitled, subject to the provisions of sections 1111 and 1114 and subject to
the principles of equity, to recover (1) defendant’s profits, (2) any damages sustained by the
plaintiff, and (3) the costs of the action. The court shall assess such profits and damages or cause
the same to be assessed under its direction. In assessing profits the plaintiff shall be required to
prove defendant’s sale only; defendant must prove all elements of cost or deduction claimed. In
assessing damages the court may enter judgment, according to the circumstances of the case, for
any sum above the amount found as actual damages, not exceeding three times such amount. If
the court shall find that the amount of the recovery based on profits is either inadequate or
excessive the court may in its discretion enter judgment for such sum as the court shall find to be
just, according to the circumstances of the case. Such sum in either of the above circumstances
shall constitute compensation and not a penalty. The court in exceptional cases may award
reasonable attorney fees to the prevailing party.
(b) In assessing damages under subsection (a) for any violation of section 32(1)(a) of this Act or
section 220506 of title 36, United States Code, in a case involving use of a counterfeit mark or
designation (as defined in section 34(d) of this Act), the court shall, unless the court finds
extenuating circumstances, enter judgment for three times such profits or damages, whichever
amount is greater, together with a reasonable attorney's fee, if the violation consists of--

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(1) intentionally using a mark or designation, knowing such mark or designation is a
counterfeit mark (as defined in section 34(d) of this Act), in connection with the sale, offering
for sale, or distribution of goods or services; or
(2) providing goods or services necessary to the commission of a violation specified in
paragraph (1), with the intent that the recipient of the goods or services would put the goods or
services to use in committing the violation.
In such a case, the court may award prejudgment interest on such amount at an annual interest
rate established under section 6621(a)(2) of the Internal Revenue Code of 1986, beginning on the
date of the service of the claimant's pleadings setting forth the claim for such entry of judgment
and ending on the date such entry is made, or for such shorter time as the court considers
appropriate.
(c) In a case involving the use of a counterfeit mark (as defined in section 1116(d) of this title) in
connection with the sale, offering for sale, or distribution of goods or services, the plaintiff may
elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual
damages and profits under subsection (a) of this section, an award of statutory damages for any
such use in connection with the sale, offering for sale, or distribution of goods or services in the
amount of (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or
services sold, offered for sale, or distributed, as the court considers just; or
(2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000
per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the
court considers just.
(d) In a case involving a violation of section 1125(d)(1) of this title, the plaintiff may elect, at any
time before final judgment is rendered by the trial court, to recover, instead of actual damages and
profits, an award of statutory damages in the amount of not less than $1,000 and not more than
$100,000 per domain name, as the court considers just.
(e) In the case of a violation referred to in this section, it shall be a rebuttable presumption that the
violation is willful for purposes of determining relief if the violator, or a person acting in concert with
the violator, knowingly provided or knowingly caused to be provided materially false contact
information to a domain name registrar, domain name registry, or other domain name registration
authority in registering, maintaining, or renewing a domain name used in connection with the
violation. Nothing in this subsection limits what may be considered a willful violation under this
section.
(Amended Oct. 9, 1962, 76 Stat. 774; Jan. 2, 1975, 88 Stat. 1949; Jan. 2, 1975, 88 Stat. 1955; Oct. 12,
1984, 98 Stat. 2182; Nov. 16, 1988, 102 Stat. 3945; July 2, 1996, 110 Stat. 1386; Aug. 5, 1999, 113 Stat.
218; Nov. 29, 1999, 113 Stat. 1501A-549; Nov. 2, 2002, 116 Stat. 1906, 1908; Dec. 23, 2004, 118 Stat.
3916; Oct. 13, 2008, 122 Stat. 4259.)

§ 36 (15 U.S.C. § 1118). Destruction of infringing articles
In any action arising under this chapter, in which a violation of any right of the registrant of a mark
registered in the Patent and Trademark Office, a violation under section 1125(a) of this title, or a
willful violation under section 1125(c) of this title, shall have been established, the court may order
that all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the
possession of the defendant, bearing the registered mark or, in the case of a violation of section
1125(a) of this title or a willful violation under section 1125(c) of this title, the word, term, name,
symbol, device, combination thereof, designation, description, or representation that is the subject
of the violation, or any reproduction, counterfeit, copy, or colorable imitation thereof, and all plates,
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molds, matrices, and other means of making the same, shall be delivered up and destroyed. The
party seeking an order under this section for destruction of articles seized under section 1161(d)
of this title shall give ten days’ notice to the United States attorney for the judicial district in which
such order is sought (unless good cause is shown for lesser notice) and such United States
attorney may, if such destruction may affect evidence of an offense against the United States,
seek a hearing on such destruction or participate in any hearing otherwise to be held with respect
to such destruction.
(Amended Jan. 2, 1975, 88 Stat. 1949; Oct. 12, 1984, 98 Stat. 2182; Nov. 16, 1988, 102 Stat. 3945; Aug. 5,
1999, 113 Stat. 218.)

§ 37 (15 U.S.C. § 1119). Power of court over registration; certification of decrees and
orders
In any action involving a registered mark the court may determine the right to registration, order
the cancellation of registrations, in whole or in part, restore cancelled registrations, and otherwise
rectify the register with respect to the registrations of any party to the action. Decrees and orders
shall be certified by the court to the Director, who shall make appropriate entry upon the records
of the Patent and Trademark Office, and shall be controlled thereby.
(Amended Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999, 113 Stat. 1501A-583.)

§ 38 (15 U.S.C. § 1120). Fraud; civil liability
Any person who shall procure registration in the Patent and Trademark Office of a mark by a false
or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable
in a civil action by any person injured thereby for any damages sustained in consequence thereof.
(Amended Jan. 2, 1975, 88 Stat. 1949.)

§ 39 (15 U.S.C. § 1121). Jurisdiction of Federal courts; State, local, and other agency
requirements
(a) The district and territorial courts of the United States shall have original jurisdiction, the courts
of appeal of the United States (other than the United States Court of Appeals for the Federal
Circuit) and the United States Court of Appeals for the District of Columbia shall have appellate
jurisdiction, of all actions arising under this chapter, without regard to the amount in controversy or
to diversity or lack of diversity of the citizenship of the parties.
(b) No State or other jurisdiction of the United States or any political subdivision or any agency
thereof may require alteration of a registered mark, or require that additional trademarks, service
marks, trade names, or corporate names that may be associated with or incorporated into the
registered mark be displayed in the mark in a manner differing from the display of such additional
trademarks, service marks, trade names, or corporate names contemplated by the registered
mark as exhibited in the certificate of registration issued by the United States Patent and
Trademark Office.
(Amended Apr. 2, 1982, 96 Stat. 46; Nov. 16, 1988, 102 Stat. 3946; Oct. 30, 1998, 112 Stat. 3069.)

§ 40 (15 U.S.C. § 1122). Liability of States, instrumentalities of States and State officials
(a) WAIVER OF SOVEREIGN IMMUNITY BY THE UNITED STATES- The United States, all
agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons
acting for the United States and with the authorization and consent of the United States, shall not
be immune from suit in Federal or State court by any person, including any governmental or
nongovernmental entity, for any violation under this chapter.
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(b) WAIVER OF SOVEREIGN IMMUNITY BY STATES- Any State, instrumentality of a State or
any officer or employee of a State or instrumentality of a State acting in his or her official capacity,
shall not be immune, under the eleventh amendment of the Constitution of the United States or
under any other doctrine of sovereign immunity, from suit in Federal court by any person,
including any governmental or nongovernmental entity for any violation under this chapter.
(c) In a suit described in subsection (a) or (b) for a violation described therein, remedies (including
remedies both at law and in equity) are available for the violation to the same extent as such
remedies are available for such a violation in a suit against any person other than the United
States or any agency or instrumentality thereof, or any individual, firm, corporation, or other
person acting for the United States and with authorization and consent of the United States, or a
State, instrumentality of a State, or officer or employee of a State or instrumentality of a State
acting in his or her official capacity. Such remedies include injunctive relief under section 1116 of
this title, actual damages, profits, costs and attorney’s fees under section 1117 f this title,
destruction of infringing articles under section 1118 f this title, the remedies provided for under
sections 1114, 1119, 1120, 1124 and 1125 of this title, and for any other remedies provided under
this chapter.
(Added Oct. 27, 1992, 106 Stat. 3567; amended Aug. 5, 1999, 113 Stat. 218.)

§ 41 (15 U.S.C. § 1123). Rules and regulations
The Director shall make rules and regulations, not inconsistent with law, for the conduct of
proceedings in the Patent and Trademark Office under this chapter.
(Amended Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999, 113 Stat. 1501A-583.)

TITLE VII - IMPORTATION FORBIDDEN OF GOODS BEARING INFRINGING MARKS OR
NAMES
§ 42 (15 U.S.C. § 1124). Importation of goods bearing infringing marks or names forbidden
Except as provided in subsection (d) of section 526 of the Tariff Act of 1930, no article of imported
merchandise which shall copy or simulate the name of any domestic manufacture, or
manufacturer, or trader, or of any manufacturer or trader located in any foreign country which, by
treaty, convention, or law affords similar privileges to citizens of the United States, or which shall
copy or simulate a trademark registered in accordance with the provisions of this chapter or shall
bear a name or mark calculated to induce the public to believe that the article is manufactured in
the United States, or that it is manufactured in any foreign country or locality other than the
country or locality in which it is in fact manufactured, shall be admitted to entry at any
customhouse of the United States; and, in order to aid the officers of the customs in enforcing this
prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is
entitled under the provisions of a treaty, convention, declaration, or agreement between the
United States and any foreign country to the advantages afforded by law to citizens of the United
States in respect to trademarks and commercial names, may require his name and residence,
and the name of the locality in which his goods are manufactured, and a copy of the certificate of
registration of his trademark, issued in accordance with the provisions of this chapter, to be
recorded in books which shall be kept for this purpose in the Department of the Treasury, under
such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the
Department facsimiles of his name, the name of the locality in which his goods are manufactured,
or of his registered trademark, and thereupon the Secretary of the Treasury shall cause one or
more copies of the same to be transmitted to each collector or other proper officer of customs.
(Amended Oct. 3, 1978, 92 Stat. 903; Oct. 30, 1998, 112 Stat. 3069.)

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Note: Copies of regulations referred to in this section may be obtained from the Department of the
Treasury.

TITLE VIII - FALSE DESIGNATIONS OF ORIGIN, FALSE DESCRIPTIONS. AND DILUTION
FORBIDDEN
§ 43 (15 U.S.C. § 1125). False designations of origin; false description or representation
(a) (1) Any person who, on or in connection with any goods or services, or any container for
goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof,
or any false designation of origin, false or misleading description of fact, or false or misleading
representation of fact, which—
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation,
connection, or association of such person with another person, or as to the origin,
sponsorship, or approval of his or her goods, services, or commercial activities by another
person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics,
qualities, or geographic origin of his or her or another person’s goods, services, or
commercial activities,
shall be liable in a civil action by any person who believes that he or she is or is likely to be
damaged by such act.
(2) As used in this subsection, the term “any person” includes any State, instrumentality of a
State or employee of a State or instrumentality of a State acting in his or her official capacity.
Any State, and any such instrumentality, officer, or employee, shall be subject to the
provisions of this chapter in the same manner and to the same extent as any
nongovernmental entity.
(3) In a civil action for trade dress infringement under this chapter for trade dress not
registered on the principal register, the person who asserts trade dress protection has the
burden of proving that the matter sought to be protected is not functional.
(b) Any goods marked or labeled in contravention of the provisions of this section shall not be
imported into the United States or admitted to entry at any customhouse of the United States.
The owner, importer, or consignee of goods refused entry at any customhouse under this section
may have any recourse by protest or appeal that is given under the customs revenue laws or may
have the remedy given by this chapter in cases involving goods refused entry or seized.
(c) Dilution by Blurring; Dilution by Tarnishment.-(1) Injunctive relief.--Subject to the principles of equity, the owner of a famous mark that is
distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction
against another person who, at any time after the owner's mark has become famous,
commences use of a mark or trade name in commerce that is likely to cause dilution by
blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence
of actual or likely confusion, of competition, or of actual economic injury.
(2) Definitions.--(A) For purposes of paragraph (1), a mark is famous if it is widely recognized
by the general consuming public of the United States as a designation of source of the goods
or services of the mark's owner. In determining whether a mark possesses the requisite
degree of recognition, the court may consider all relevant factors, including the following:

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(i) The duration, extent, and geographic reach of advertising and publicity of the mark,
whether advertised or publicized by the owner or third parties.
(ii) The amount, volume, and geographic extent of sales of goods or services offered
under the mark.
(iii) The extent of actual recognition of the mark.
(iv) Whether the mark was registered under the Act of March 3, 1881, or the Act of
February 20, 1905, or on the principal register.
(B) For purposes of paragraph (1), `dilution by blurring' is association arising from the
similarity between a mark or trade name and a famous mark that impairs the
distinctiveness of the famous mark. In determining whether a mark or trade name is likely
to cause dilution by blurring, the court may consider all relevant factors, including the
following:
(i) The degree of similarity between the mark or trade name and the famous mark.
(ii) The degree of inherent or acquired distinctiveness of the famous mark.
(iii) The extent to which the owner of the famous mark is engaging in substantially
exclusive use of the mark.
(iv) The degree of recognition of the famous mark.
(v) Whether the user of the mark or trade name intended to create an association with
the famous mark.
(vi) Any actual association between the mark or trade name and the famous mark.
(C) For purposes of paragraph (1), `dilution by tarnishment' is association arising from the
similarity between a mark or trade name and a famous mark that harms the reputation of
the famous mark.
(3) Exclusions.--The following shall not be actionable as dilution by blurring or dilution by
tarnishment under this subsection:
(A) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair
use, of a famous mark by another person other than as a designation of source for the
person's own goods or services, including use in connection with-(i) advertising or promotion that permits consumers to compare goods or services; or
(ii) identifying and parodying, criticizing, or commenting upon the famous mark owner
or the goods or services of the famous mark owner.
(B) All forms of news reporting and news commentary.
(C) Any noncommercial use of a mark.
(4) Burden of proof.--In a civil action for trade dress dilution under this Act for trade dress not
registered on the principal register, the person who asserts trade dress protection has the
burden of proving that-(A) the claimed trade dress, taken as a whole, is not functional and is famous; and

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(B) if the claimed trade dress includes any mark or marks registered on the principal
register, the unregistered matter, taken as a whole, is famous separate and apart from any
fame of such registered marks.
(5) Additional remedies.--In an action brought under this subsection, the owner of the famous
mark shall be entitled to injunctive relief as set forth in section 34. The owner of the famous
mark shall also be entitled to the remedies set forth in sections 35(a) and 36, subject to the
discretion of the court and the principles of equity if-(A) the mark or trade name that is likely to cause dilution by blurring or dilution by
tarnishment was first used in commerce by the person against whom the injunction is
sought after the date of enactment of the Trademark Dilution Revision Act of 2006; and
(B) in a claim arising under this subsection-(i) by reason of dilution by blurring, the person against whom the injunction is sought
willfully intended to trade on the recognition of the famous mark; or
(ii) by reason of dilution by tarnishment, the person against whom the injunction is
sought willfully intended to harm the reputation of the famous mark.
(6) Ownership of valid registration a complete bar to action.--The ownership by a person of a
valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the
principal register under this Act shall be a complete bar to an action against that person, with
respect to that mark, that-(A) is brought by another person under the common law or a statute of a State; and
(B)(i) seeks to prevent dilution by blurring or dilution by tarnishment; or
(ii) asserts any claim of actual or likely damage or harm to the distinctiveness or
reputation of a mark, label, or form of advertisement.
(7) Savings clause.--Nothing in this subsection shall be construed to impair, modify, or
supersede the applicability of the patent laws of the United States.''
(d)(1)(A) A person shall be liable in a civil action by the owner of a mark, including a personal
name which is protected as a mark under this section, if, without regard to the goods or services
of the parties, that person—
(i) has a bad faith intent to profit from that mark, including a personal name which is
protected as a mark under this section; and
(ii) registers, traffics in, or uses a domain name that—
(I) in the case of a mark that is distinctive at the time of registration of the domain
name, is identical or confusingly similar to that mark;
(II) in the case of a famous mark that is famous at the time of registration of the
domain name, is identical or confusingly similar to or dilutive of that mark; or
(III) is a trademark, word, or name protected by reason of section 706 of title 18,
United States Code, or section 220506 of title 36.
(B)(i) In determining whether a person has a bad faith intent described under
subparagraph (A), a court may consider factors such as, but not limited to—

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(I) the trademark or other intellectual property rights of the person, if any, in the
domain name;
(II) the extent to which the domain name consists of the legal name of the person
or a name that is otherwise commonly used to identify that person;
(III) the person’s prior use, if any, of the domain name in connection with the bona
fide offering of any goods or services;
(IV) the person’s bona fide noncommercial or fair use of the mark in a site
accessible under the domain name;
(V) the person’s intent to divert consumers from the mark owner’s online location to
a site accessible under the domain name that could harm the goodwill represented
by the mark, either for commercial gain or with the intent to tarnish or disparage
the mark, by creating a likelihood of confusion as to the source, sponsorship,
affiliation, or endorsement of the site;
(VI) the person’s offer to transfer, sell, or otherwise assign the domain name to the
mark owner or any third party for financial gain without having used, or having an
intent to use, the domain name in the bona fide offering of any goods or services,
or the person’s prior conduct indicating a pattern of such conduct;
(VII) the person’s provision of material and misleading false contact information
when applying for the registration of the domain name, the person’s intentional
failure to maintain accurate contact information, or the person’s prior conduct
indicating a pattern of such conduct;
(VIII) the person’s registration or acquisition of multiple domain names which the
person knows are identical or confusingly similar to marks of others that are
distinctive at the time of registration of such domain names, or dilutive of famous
marks of others that are famous at the time of registration of such domain names,
without regard to the goods or services of the parties; and
(IX) the extent to which the mark incorporated in the person’s domain name
registration is or is not distinctive and famous within the meaning of subsection
(c)(1) of this section.
(ii) Bad faith intent described under subparagraph (A) shall not be found in any case in
which the court determines that the person believed and had reasonable grounds to
believe that the use of the domain name was a fair use or otherwise lawful.
(C) In any civil action involving the registration, trafficking, or use of a domain name under
this paragraph, a court may order the forfeiture or cancellation of the domain name or the
transfer of the domain name to the owner of the mark.
(D) A person shall be liable for using a domain name under subparagraph (A) only if that
person is the domain name registrant or that registrant’s authorized licensee.
(E) As used in this paragraph, the term “traffics in” refers to transactions that include, but
are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, and
any other transfer for consideration or receipt in exchange for consideration.
(2)(A) The owner of a mark may file an in rem civil action against a domain name in the
judicial district in which the domain name registrar, domain name registry, or other domain
name authority that registered or assigned the domain name is located if—
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(i) the domain name violates any right of the owner of a mark registered in the Patent
and Trademark Office, or protected under subsection (a) or (c) of this section; and
(ii) the court finds that the owner—
(I) is not able to obtain in personam jurisdiction over a person who would have
been a defendant in a civil action under paragraph (1); or
(II) through due diligence was not able to find a person who would have been a
defendant in a civil action under paragraph (1) by—
(aa) sending a notice of the alleged violation and intent to proceed under this
paragraph to the registrant of the domain name at the postal and e-mail
address provided by the registrant to the registrar; and
(bb) publishing notice of the action as the court may direct promptly after filing
the action.
(B) The actions under subparagraph (A)(ii) shall constitute service of process.
(C) In an in rem action under this paragraph, a domain name shall be deemed to have its
situs in the judicial district in which—
(i) the domain name registrar, registry, or other domain name authority that registered
or assigned the domain name is located; or
(ii) documents sufficient to establish control and authority regarding the disposition of
the registration and use of the domain name are deposited with the court.
(D)(i) The remedies in an in rem action under this paragraph shall be limited to a court
order for the forfeiture or cancellation of the domain name or the transfer of the domain
name to the owner of the mark. Upon receipt of written notification of a filed, stamped copy
of a complaint filed by the owner of a mark in a United States district court under this
paragraph, the domain name registrar, domain name registry, or other domain name
authority shall—
(I) expeditiously deposit with the court documents sufficient to establish the court’s
control and authority regarding the disposition of the registration and use of the
domain name to the court; and
(II) not transfer, suspend, or otherwise modify the domain name during the
pendency of the action, except upon order of the court.
(ii) The domain name registrar or registry or other domain name authority shall not be
liable for injunctive or monetary relief under this paragraph except in the case of bad
faith or reckless disregard, which includes a willful failure to comply with any such court
order.
(3) The civil action established under paragraph (1) and the in rem action established under
paragraph (2), and any remedy available under either such action, shall be in addition to any
other civil action or remedy otherwise applicable.
(4) The in rem jurisdiction established under paragraph (2) shall be in addition to any other
jurisdiction that otherwise exists, whether in rem or in personam.
(Amended Nov. 16, 1988, 102 Stat. 3946; Oct. 27, 1992, 106 Stat. 3567; Jan. 16, 1996, 109 Stat. 985; Aug.
5, 1999, 113 Stat. 218; Nov. 29, 1999, 113 Stat. 1501A-545; Oct. 6, 2006, 120 Stat. 1730; Oct. 5, 2012, 126
Stat. 1436.)
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TITLE IX - INTERNATIONAL CONVENTIONS
§ 44 (15 U.S.C. § 1126). International conventions; register of marks
(a) The Director shall keep a register of all marks communicated to him by the international
bureaus provided for by the conventions for the protection of industrial property, trademarks, trade
and commercial names, and the repression of unfair competition to which the United States is or
may become a party, and upon the payment of the fees required by such conventions and the
fees required in this Act may place the marks so communicated upon such register. This register
shall show a facsimile of the mark or trade or commercial name; the name, citizenship, and
address of the registrant; the number, date, and place of the first registration of the mark, including
the dates on which application for such registration was filed and granted and the term of such
registration; a list of goods or services to which the mark is applied as shown by the registration in
the country of origin, and such other data as may be useful concerning the mark. This register
shall be a continuation of the register provided in section 1(a) of the Act of March 19, 1920.
Note: The United States is not at present a party to the parts of the international conventions
providing for international bureaus for the registration or communication of trademarks.
(b) Any person whose country of origin is a party to any convention or treaty relating to
trademarks, trade or commercial names, or the repression of unfair competition, to which the
United States is also a party, or extends reciprocal rights to nationals of the United States by law,
shall be entitled to the benefits of this section under the conditions expressed herein to the extent
necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to
the rights to which any owner of a mark is otherwise entitled by this chapter.
Notes: International Convention for the Protection of Industrial Property of 1883 (Paris); revised at
Washington in 1911, 204 O.G. 1011, July 21, 1914 (37 Stat. 1645; Treaty Series 579); at the
Hague in 1925, 407 O.G. 298, June 9, 1931 (47 Stat. 1789; Treaty Series 834; 2 Bevans 524); at
London in 1934, 613 O.G. 23, August 3, 1948 (53 Stat. 1748; Treaty Series 941; 3 Bevans 223);
at Lisbon in 1958, 775 O.G. 321, February 13, 1962 (53 Stat. 1748; 13 U.S.T. 1; TIAS 9431); and
at Stockholm July 14, 1967, 852 O.G. 511, July 16, 1968 (21 U.S.T. 1583; TIAS 6923). A list of
the member countries together with an indication of the latest Act by which each country is bound
and the date from which each is considered to be bound appears annually (January issue) in
“Industrial Property,” a monthly review of the World Intellectual Property Organization (WIPO),
Geneva, Switzerland.
General Inter-American Convention for Trade-Mark and Commercial Protection (Pan-American
Trade-Mark Convention) of 1929, 46 Stat. 2907; Pan-American Trade-Mark Convention of 1923,
44 Stat. 2494; Pan-American Trade-Mark Convention of 1910, 39 Stat. 1675.
List of the States which are parties to the above conventions may be found in “Treaties in Force,”
a list of treaties and other international agreements in force on the first day of January of each
year, compiled annually by the Office of the Legal Adviser, U.S. Department of State.
(c) No registration of a mark in the United States by a person described in subsection (b) of this
section shall be granted until such mark has been registered in the country of origin of the
applicant, unless the applicant alleges use in commerce. For the purposes of this section, the
country of origin of the applicant is the country in which he has a bona fide and effective industrial
or commercial establishment, or if he has not such an establishment the country in which he is
domiciled, or if he has not a domicile in any of the countries described in subsection (b) of this
section, the country of which he is a national.
(d) An application for registration of a mark under sections 1051, 1053, 1054, or 1091 of this title
or under subsection (e) of this section filed by a person described in subsection (b) of this section
who has previously duly filed an application for registration of the same mark in one of the
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countries described in subsection (b) of this section shall be accorded the same force and effect
as would be accorded to the same application if filed in the United States on the same date on
which the application was first filed in such foreign country: Provided, That—
(1) the application in the United States is filed within 6 months from the date on which the
application was first filed in the foreign country;
(2) the application conforms as nearly as practicable to the requirements of this chapter,
including a statement that the applicant has a bona fide intention to use the mark in
commerce;
(3) the rights acquired by third parties before the date of the filing of the first application in the
foreign country shall in no way be affected by a registration obtained on an application filed
under this subsection;
(4) nothing in this subsection shall entitle the owner of a registration granted under this section
to sue for acts committed prior to the date on which his mark was registered in this country
unless the registration is based on use in commerce.
In like manner and subject to the same conditions and requirements, the right provided in this
section may be based upon a subsequent regularly filed application in the same foreign country,
instead of the first filed foreign application: Provided, That any foreign application filed prior to
such subsequent application has been withdrawn, abandoned, or otherwise disposed of, without
having been laid open to public inspection and without leaving any rights outstanding, and has not
served, nor thereafter shall serve, as a basis for claiming a right of priority.
Note: Section 3 of Public Law 333, 87th Cong., approved October 3, 1961, 75 Stat. 748, the
provision which added the last paragraph above provided that “This Act shall take effect on the
date when the Convention of Paris for the Protection of Industrial Property of March 20, 1883, as
revised at Lisbon October 31, 1958, comes into force with respect to the United States and is
applied only to applications thereafter filed in the United States by persons entitled to the benefit
of said convention, as revised at the time of such filing.” This provision became effective Jan. 4,
1962.
(e) A mark duly registered in the country of origin of the foreign applicant may be registered on the
principal register if eligible, otherwise on the supplemental register herein provided. Such
applicant shall submit, within such time period as may be prescribed by the Director, a true copy,
a photocopy, a certification, or a certified copy of the registration in the country of origin of the
applicant. The application must state the applicant’s bona fide intention to use the mark in
commerce, but use in commerce shall not be required prior to registration.
(f) The registration of a mark under the provisions of subsections (c), (d), and (e) of this section by
a person described in subsection (b) of this section shall be independent of the registration in the
country of origin and the duration, validity, or transfer in the United States of such registration shall
be governed by the provisions of this chapter.
(g) Trade names or commercial names of persons described in subsection (b) of this section shall
be protected without the obligation of filing or registration whether or not they form parts of marks.
(h) Any person designated in subsection (b) of this section as entitled to the benefits and subject
to the provisions of this chapter shall be entitled to effective protection against unfair competition,
and the remedies provided herein for infringement of marks shall be available so far as they may
be appropriate in repressing acts of unfair competition.
(i) Citizens or residents of the United States shall have the same benefits as are granted by this
section to persons described in subsection (b) of this section.
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(Amended Oct. 3, 1961, 75 Stat. 748; Oct. 9, 1962, 76 Stat. 774; Nov. 16, 1988, 102 Stat. 3946; Oct. 30,
1998, 112 Stat. 3068; Nov. 29, 1999, 113 Stat. 1501A-583; Nov. 2, 2002, 116 Stat. 1908.)

TITLE X - CONSTRUCTION AND DEFINITIONS
§ 45 (15 U.S.C. § 1127).
In the construction of this chapter, unless the contrary is plainly apparent from the context—
United States. The United States includes and embraces all territory which is under its jurisdiction
and control.
Commerce. The word “commerce” means all commerce which may lawfully be regulated by
Congress.
Principal Register, Supplemental Register. The term “principal register” refers to the register
provided for by sections 1051 to 1072 of this title, and the term “supplemental register” refers to
the register provided for by sections 1091 to 1096 of this title.
Person, juristic person. The term “person” and any other word or term used to designate the
applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this
Act includes a juristic person as well as a natural person. The term “juristic person” includes a
firm, corporation, union, association, or other organization capable of suing and being sued in a
court of law.
The term “person” also includes the United States, any agency or instrumentality thereof, or any
individual, firm, or corporation acting for the United States and with the authorization and consent
of the United States. The United States, any agency or instrumentality thereof, and any individual,
firm, or corporation acting for the United States and with the authorization and consent of the
United States, shall be subject to the provisions of this chapter in the same manner and to the
same extent as any nongovernmental entity.
The term “person” also includes any State, any instrumentality of a State, and any officer or
employee of a State or instrumentality of a State acting in his or her official capacity. Any State,
and any such instrumentality, officer, or employee, shall be subject to the provisions of this
chapter in the same manner and to the same extent as any non-governmental entity.
Applicant, registrant. The terms “applicant” and “registrant” embrace the legal representatives,
predecessors, successors and assigns of such applicant or registrant.
Director. The term “Director” means the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office.
Related company. The term “related company” means any person whose use of a mark is
controlled by the owner of the mark with respect to the nature and quality of the goods or services
on or in connection with which the mark is used.
Trade name, commercial name. The terms “trade name” and “commercial name” mean any
name used by a person to identify his or her business or vocation.
Trademark. The term “trademark” includes any word, name, symbol, or device, or any
combination thereof—
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce and applies to register on the
principal register established by this chapter,
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to identify and distinguish his or her goods, including a unique product, from those manufactured
or sold by others and to indicate the source of the goods, even if that source is unknown.
Service mark. The term “service mark” means any word, name, symbol, or device, or any
combination thereof—
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce and applies to register on the
principal register established by this chapter,
to identify and distinguish the services of one person, including a unique service, from the
services of others and to indicate the source of the services, even if that source is unknown.
Titles, character names, and other distinctive features of radio or television programs may be
registered as service marks notwithstanding that they, or the programs, may advertise the goods
of the sponsor.
Certification mark. The term “certification mark” means any word, name, symbol, or device, or
any combination thereof—
(1) used by a person other than its owner, or
(2) which its owner has a bona fide intention to permit a person other than the owner to use in
commerce and files an application to register on the principal register established by this
chapter,
to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other
characteristics of such person’s goods or services or that the work or labor on the goods or
services was performed by members of a union or other organization.
Collective mark. The term “collective mark” means a trademark or service mark—
(1) used by the members of a cooperative, an association, or other collective group or
organization, or
(2) which such cooperative, association, or other collective group or organization has a bona
fide intention to use in commerce and applies to register on the principal register established
by this chapter,
and includes marks indicating membership in a union, an association, or other organization.
Mark. The term “mark” includes any trademark, service mark, collective mark, or certification
mark.
Use in commerce. The term “use in commerce” means the bona fide use of a mark in the
ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this
chapter, a mark shall be deemed to be in use in commerce—
(1) on goods when—
(A) it is placed in any manner on the goods or their containers or the displays associated
therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such
placement impracticable, then on documents associated with the goods or their sale, and
(B) the goods are sold or transported in commerce, and
(2) on services when it is used or displayed in the sale or advertising of services and the
services are rendered in commerce, or the services are rendered in more than one State or in
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the United States and a foreign country and the person rendering the services is engaged in
commerce in connection with the services.
Abandonment of mark. A mark shall be deemed to be “abandoned” if either of the following
occurs:
(1) When its use has been discontinued with intent not to resume such use. Intent not to
resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima
facie evidence of abandonment. “Use” of a mark means the bona fide use of such mark made
in the ordinary course of trade, and not made merely to reserve a right in a mark.
(2) When any course of conduct of the owner, including acts of omission as well as
commission, causes the mark to become the generic name for the goods or services on or in
connection with which it is used or otherwise to lose its significance as a mark. Purchaser
motivation shall not be a test for determining abandonment under this paragraph.
Colorable imitation. The term “colorable imitation” includes any mark which so resembles a
registered mark as to be likely to cause confusion or mistake or to deceive.
Registered mark. The term “registered mark” means a mark registered in the United States
Patent and Trademark Office under this chapter or under the Act of March 3, 1881, or the Act of
February 20, 1905, or the Act of March 19, 1920. The phrase “marks registered in the Patent and
Trademark Office” means registered marks.
Prior acts. The term “Act of March 3, 1881,” “Act of February 20, 1905,” or “Act of March 19,
1920,” means the respective Act as amended.
Counterfeit. A “counterfeit” is a spurious mark which is identical with, or substantially
indistinguishable from, a registered mark.
Domain name. The term “domain name” means any alphanumeric designation which is
registered with or assigned by any domain name registrar, domain name registry, or other domain
name registration authority as part of an electronic address on the Internet.
Internet. The term “Internet” has the meaning given that term in section 230(f)(1) of the
Communications Act of 1934 (47 U.S.C. 230(f)(1)).
Singular and plural. Words used in the singular include the plural and vice versa.
Intent of Chapter. The intent of this chapter is to regulate commerce within the control of
Congress by making actionable the deceptive and misleading use of marks in such commerce; to
protect registered marks used in such commerce from interference by State, or territorial
legislation; to protect persons engaged in such commerce against unfair competition; to prevent
fraud and deception in such commerce by the use of reproductions, copies, counterfeits, or
colorable imitations of registered marks; and to provide rights and remedies stipulated by treaties
and conventions respecting trademarks, trade names, and unfair competition entered into
between the United States and foreign nations.
(Amended Oct. 9, 1962, 76 Stat. 774; Jan. 2, 1975, 88 Stat. 1949; Nov. 8, 1984, 98 Stat. 3335, Nov. 16,
1988, 102 Stat. 3946; Oct. 27, 1992, 106 Stat. 3568; Dec. 8, 1994, 108 Stat. 4981; Jan. 16, 1996, 109 Stat.
986; Aug. 5, 1999, 113 Stat. 219-220; Nov. 29, 1999, 113 Stat. 1501A-550, 1501A-583; Oct. 6, 2006, 120
Stat. 1730.)

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TITLE XI - REPEAL OF PREVIOUS ACTS
§ 46(a) (15 U.S.C. § 1051 note). Time of taking effect - Repeal of prior acts
This Act shall be in force and take effect one year from its enactment, but except as otherwise
herein specifically provided shall not affect any suit, proceeding, or appeal then pending. All Acts
and parts of Acts inconsistent herewith are hereby repealed effective one year from the enactment
hereof, including the following Acts insofar as they are inconsistent herewith: The Act of Congress
approved March 3, 1881, entitled “An Act to authorize the registration of trademarks and protect
the same”; the Act approved August 5, 1882, entitled “An Act relating to the registration of
trademarks”; the Act of February 20, 1905 (U.S.C., title 15, secs. 81 to 109, inclusive), entitled “An
Act to authorize the registration of trademarks used in commerce with foreign nations or among
the several States or with Indian tribes, and to protect the same”, and the amendments thereto by
the Acts of May 4, 1906 (U.S.C., title 15, secs. 131 and 132; 34 Stat. 169), March 2, 1907 (34
Stat. 1251, 1252), February 18, 1909 (35 Stat. 627, 628), February 18, 1911 (36 Stat. 918),
January 8, 1913 (37 Stat. 649), June 7, 1924 (43 Stat. 647), March 4, 1925 (43 Stat. 1268, 1269),
April 11, 1930 (46 Stat. 155), June 10, 1938 (Public, Numbered 586, Seventy-fifth Congress, ch.
332, third session); the Act of March 19, 1920 (U.S.C., title 15, secs. 121 to 128, inclusive),
entitled “an Act to give effect to certain provisions of the convention for the protection of
trademarks and commercial names made and signed in the city of Buenos Aires, in the Argentine
Republic, August 20, 1910, and for other purposes”, and the amendments thereto, including the
Act of June 10, 1938 (Public, Numbered 586, Seventy-fifth Congress, ch. 332, third session):
Provided, That this repeal shall not affect the validity of registrations granted or applied for under
any of said Acts prior to the effective date of this Act, or rights or remedies thereunder except as
provided in sections 8, 12, 14, 15, and 47 of this Act; but nothing contained in this Act shall be
construed as limiting, restricting, modifying, or repealing any statute in force on the effective date
of this Act which does not relate to trademarks, or as restricting or increasing the authority of any
Federal departments or regulatory agency except as may be specifically provided in this Act.
§ 46(b) (15 U.S.C. § 1051 note). Existing registrations under prior acts
Acts of 1881 and 1905. Registrations now existing under the Act of March 3, 1881, or the Act of
February 20, 1905, 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. Such registrations and the renewals
thereof shall be subject to and shall be entitled to the benefits of the provisions of this Act to the
same extent and with the same force and effect as though registered on the principal register
established by this Act except as limited in sections 8, 12, 14, and 15 of this Act. Marks registered
under the “10-year proviso” of section 5 of the Act of February 20, 1905, as amended, shall be
deemed to have become distinctive of the registrant’s goods in commerce under paragraph (f) of
section 2 of this Act and may be renewed under section 9 hereof as marks coming within said
paragraph.
Act of 1920. Registrations now existing under the Act of March 19, 1920, shall expire 6 months
after the effective date of this Act, 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 relating to marks registered on the supplemental register established by this Act, 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.
Subject to registration under this Act. Marks registered under previous Acts may, if eligible, also
be registered under this Act.

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§ 47(a) (15 U.S.C. § 1051 note). Applications pending on effective date of Act
All applications for registration pending in the Patent and Trademark Office at the effective date of
this Act may be amended, if practicable, to bring them under the provisions of this Act. 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. 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 for this purpose only, notwithstanding the foregoing general repeal
thereof.
§ 47(b) (15 U.S.C. § 1051 note). Appeals pending on effective date of Act
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, the
court, if it be of the opinion that the provisions of this Act are applicable to the subject matter of the
appeal, may apply such provision or may remand the case to the 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.
(Amended Nov. 29, 1999, 113 Stat. 1501A-583)
§ 48 (15 U.S.C. § 1051 note). Prior acts not repealed
Section 4 of the Act of January 5, 1905 (U.S.C., title 36, section 4), as amended, entitled “An Act
to incorporate the National Red Cross,” and section 7 of the Act of June 15, 1916 (U.S.C., title 36,
section 27), entitled “An Act to incorporate the Boy Scouts of America, and for other purposes,”
and the Act of June 20, 1936 (U.S.C., title 22, section 248), entitled “An Act to prohibit the
commercial use of the coat of arms of the Swiss Confederation,” are not repealed or affected by
this Act.
Note: The first and third of the laws referred to in this section have been repealed and replaced
by §§ 706 and 708, respectively, of U.S.C., Title 18, Crimes and Criminal Procedure, enacted
June 25, 1948, effective September 1, 1948.
§ 49 (15 U.S.C. § 1051 note). Preservation of existing rights
Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in
good faith prior to the effective date of this Act.
§ 50 (15 U.S.C. § 1051 note). Severability
If any provision of this Act or the application of such provision to any person or circumstance is
held invalid, the remainder of the Act shall not be affected thereby.
§ 51 (15 U.S.C. § 1058 note). Applications pending on effective date of the Trademark Law
Revision Act of 1988
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 shall remain in
force for a period of 10 years.

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TITLE XII—THE MADRID PROTOCOL
Sec. 60 (15 U.S.C. § 1141). Definitions
In this subchapter:
(1) Basic application.—The term ‘basic application’ means the application for the registration of a
mark that has been filed with an Office of a Contracting Party and that constitutes the basis for an
application for the international registration of that mark.
(2) Basic registration.—The term ‘basic registration’ means the registration of a mark that has
been granted by an Office of a Contracting Party and that constitutes the basis for an application
for the international registration of that mark.
(3) Contracting party.—The term ‘Contracting Party’ means any country or inter-governmental
organization that is a party to the Madrid Protocol.
(4) Date of recordal.—The term ‘date of recordal’ means the date on which a request for extension
of protection, filed after an international registration is granted, is recorded on the International
Register.
(5) Declaration of bona fide intention to use the mark in commerce.—The term ‘declaration of
bona fide intention to use the mark in commerce’ means a declaration that is signed by the
applicant for, or holder of, an international registration who is seeking extension of protection of a
mark to the United States and that contains a statement that—
(A) the applicant or holder has a bona fide intention to use the mark in commerce;
(B) the person making the declaration believes himself or herself, or the firm, corporation, or
association in whose behalf he or she makes the declaration, to be entitled to use the mark in
commerce; and
(C) no other person, firm, corporation, or association, to the best of his or her knowledge and
belief, has the right to use such mark in commerce either in the identical form of the mark or in
such near resemblance to the mark as to be likely, when used on or in connection with the
goods of such other person, firm, corporation, or association, to cause confusion, mistake, or
deception.
(6) Extension of protection.—The term ‘extension of protection’ means the protection resulting
from an international registration that extends to the United States at the request of the holder of
the international registration, in accordance with the Madrid Protocol.
(7) Holder of an international registration.—A ‘holder’ of an international registration is the natural
or juristic person in whose name the international registration is recorded on the International
Register.
(8) International application.—The term ‘international application’ means an application for
international registration that is filed under the Madrid Protocol.
(9) International bureau.—The term ‘International Bureau’ means the International Bureau of the
World Intellectual Property Organization.
(10) International register.—The term ‘International Register’ means the official collection of data
concerning international registrations maintained by the International Bureau that the Madrid
Protocol or its implementing regulations require or permit to be recorded.

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(11) International registration.—The term ‘international registration’ means the registration of a
mark granted under the Madrid Protocol.
(12) International registration date.—The term ‘international registration date’ means the date
assigned to the international registration by the International Bureau.
(13) Madrid protocol.—The term ‘Madrid Protocol’ means the Protocol Relating to the Madrid
Agreement Concerning the International Registration of Marks, adopted at Madrid, Spain, on June
27, 1989.
(14) Notification of refusal.—The term ‘notification of refusal’ means the notice sent by the United
States Patent and Trademark Office to the International Bureau declaring that an extension of
protection cannot be granted.
(15) Office of a contracting party.—The term ‘Office of a Contracting Party’ means—
(A) the office, or governmental entity, of a Contracting Party that is responsible for the
registration of marks; or
(B) the common office, or governmental entity, of more than 1 Contracting Party that is
responsible for the registration of marks and is so recognized by the International Bureau.
(16) Office of origin.—The term ‘office of origin’ means the Office of a Contracting Party with which
a basic application was filed or by which a basic registration was granted.
(17) Opposition period.—The term ‘opposition period’ means the time allowed for filing an
opposition in the United States Patent and Trademark Office, including any extension of time
granted under section 13.
[Added Nov. 2, 2003, 116 Stat. 1758, 1913]

Sec. 61 (15 U.S.C. § 1141a). International applications based on United States applications
or registrations
(a) In General.—The owner of a basic application pending before the United States Patent and
Trademark Office, or the owner of a basic registration granted by the United States Patent and
Trademark Office may file an international application by submitting to the United States Patent
and Trademark Office a written application in such form, together with such fees, as may be
prescribed by the Director.
(b) Qualified Owners.—A qualified owner, under subsection (a) of this section, shall—
(1) be a national of the United States;
(2) be domiciled in the United States; or
(3) have a real and effective industrial or commercial establishment in the United States.
[Added Nov. 2, 2003, 116 Stat. 1758, 1915]

Sec. 62 (15 U.S.C. § 1141b). Certification of the international application
(a) Certification Procedure.—Upon the filing of an application for international registration and
payment of the prescribed fees, the Director shall examine the international application for the
purpose of certifying that the information contained in the international application corresponds to
the information contained in the basic application or basic registration at the time of the
certification.
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(b) Transmittal.—Upon examination and certification of the international application, the Director
shall transmit the international application to the International Bureau.
[Added Nov. 2, 2003, 116 Stat. 1758, 1915]

Sec. 63 (15 U.S.C. § 1141c). Restriction, abandonment, cancellation, or expiration of a
basic application or basic registration
With respect to an international application transmitted to the International Bureau under section
1141b of this title, the Director shall notify the International Bureau whenever the basic application
or basic registration which is the basis for the international application has been restricted,
abandoned, or canceled, or has expired, with respect to some or all of the goods and services
listed in the international registration—
(1) within 5 years after the international registration date; or
(2) more than 5 years after the international registration date if the restriction, abandonment,
or cancellation of the basic application or basic registration resulted from an action that began
before the end of that 5-year period.
[Added Nov. 2, 2003, 116 Stat. 1758, 1915]

Sec. 64 (15 U.S.C. § 1141d). Request for extension of protection subsequent to
International registration
The holder of an international registration that is based upon a basic application filed with the
United States Patent and Trademark Office or a basic registration granted by the Patent and
Trademark Office may request an extension of protection of its international registration by filing
such a request—
(1) directly with the International Bureau; or
(2) with the United States Patent and Trademark Office for transmittal to the International
Bureau, if the request is in such form, and contains such transmittal fee, as may be prescribed
by the Director.
[Added Nov. 2, 2003, 116 Stat. 1758, 1916]

Sec. 65 (15 U.S.C. § 1141e). Extension of protection of an international registration to the
United States under the Madrid Protocol
(a) In General.—Subject to the provisions of section 68, the holder of an international registration
shall be entitled to the benefits of extension of protection of that international registration to the
United States to the extent necessary to give effect to any provision of the Madrid Protocol.
(b) If the United States Is Office of Origin.—Where the United States Patent and Trademark Office
is the office of origin for a trademark application or registration, any international registration
based on such application or registration cannot be used to obtain the benefits of the Madrid
Protocol in the United States.
[Added Nov. 2, 2003, 116 Stat. 1758, 1916]

Sec. 66 (15 U.S.C. § 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.—A request for extension of protection of
an international registration to the United States that the International Bureau transmits to the
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United States Patent and Trademark Office shall be deemed to be properly filed in the United
States if such request, when received by the International Bureau, has attached to it a declaration
of bona fide intention to use the mark in commerce that is verified by the applicant for, or holder
of, the international registration.
(b) Effect of Proper Filing.—Unless extension of protection is refused under section 68, the proper
filing of the request for extension of protection under subsection (a) shall constitute constructive
use of the mark, conferring the same rights as those specified in section 7(c), as of the earliest of
the following:
(1) The international registration date, if the request for extension of protection was filed in the
international application.
(2) The date of recordal of the request for extension of protection, if the request for extension
of protection was made after the international registration date.
(3) The date of priority claimed pursuant to section 1141g of this title.
[Added Nov. 2, 2003, 116 Stat. 1758, 1916]

Sec. 67 (15 U.S.C. § 1141g). Right of priority for request for extension of protection to the
United States.
The holder of an international registration with a request for an extension of protection to the
United States shall be entitled to claim a date of priority based on a right of priority within the
meaning of Article 4 of the Paris Convention for the Protection of Industrial Property if—
(1) the request for extension of protection contains a claim of priority; and
(2) the date of international registration or the date of the recordal of the request for extension of
protection to the United States is not later than 6 months after the date of the first regular national
filing (within the meaning of Article 4(A)(3) of the Paris Convention for the Protection of Industrial
Property) or a subsequent application (within the meaning of Article 4(C)(4) of the Paris
Convention for the Protection of Industrial Property).
[Added Nov. 2, 2003, 116 Stat. 1758, 1917]

Sec. 68 (15 U.S.C. § 1141h). Examination of and opposition to request for extension of
protection; notification of refusal
(a) Examination and Opposition.—
(1) A request for extension of protection described in section 1141f(a) of this title shall be
examined as an application for registration on the Principal Register under this Act, and if on
such examination it appears that the applicant is entitled to extension of protection under this
title, the Director shall cause the mark to be published in the Official Gazette of the United
States Patent and Trademark Office.
(2) Subject to the provisions of subsection (c) of this section, a request for extension of
protection under this title shall be subject to opposition under section 1063 of this title.
(3) Extension of protection shall not be refused on the ground that the mark has not been used
in commerce.
(4) Extension of protection shall be refused to any mark not registrable on the Principal
Register.

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(b) Notification of Refusal.—If, a request for extension of protection is refused under subsection
(a) of this section, the Director shall declare in a notification of refusal (as provided in subsection
(c) of this section) that the extension of protection cannot be granted, together with a statement of
all grounds on which the refusal was based.
(c) Notice to International Bureau.—
(1) Within 18 months after the date on which the International Bureau transmits to the Patent
and Trademark Office a notification of a request for extension of protection, the Director shall
transmit to the International Bureau any of the following that applies to such request:
(A) A notification of refusal based on an examination of the request for extension of
protection.
(B) A notification of refusal based on the filing of an opposition to the request.
(C) A notification of the possibility that an opposition to the request may be filed after the
end of that 18-month period.
(2) If the Director has sent a notification of the possibility of opposition under paragraph (1)(C),
the Director shall, if applicable, transmit to the International Bureau a notification of refusal on
the basis of the opposition, together with a statement of all the grounds for the opposition,
within 7 months after the beginning of the opposition period or within 1 month after the end of
the opposition period, whichever is earlier.
(3) If a notification of refusal of a request for extension of protection is transmitted under
paragraph (1) or (2), no grounds for refusal of such request other than those set forth in such
notification may be transmitted to the International Bureau by the Director after the expiration
of the time periods set forth in paragraph (1) or (2), as the case may be.
(4) If a notification specified in paragraph (1) or (2) is not sent to the International Bureau
within the time period set forth in such paragraph, with respect to a request for extension of
protection, the request for extension of protection shall not be refused and the Director shall
issue a certificate of extension of protection pursuant to the request.
(d) Designation of Agent for Service of Process.—In responding to a notification of refusal with
respect to a mark, the holder of the international registration of the mark may designate, by a
document filed in the United States Patent and Trademark Office, the name and address of a
person residing in the United States on whom notices or process in proceedings affecting the
mark may be served. Such notices or process may be served upon the person designated by
leaving with that person, or mailing to that person, a copy thereof at the address specified in the
last designation filed. If the person designated cannot be found at the address given in the last
designation, or if the holder does not designate by a document filed in the United States Patent
and Trademark Office the name and address of a person residing in the United States for service
of notices or process in proceedings affecting the mark, the notice or process may be served on
the Director.
[Added Nov. 2, 2003, 116 Stat. 1758, 1917]

Sec. 69 (15 U.S.C. § 1141i). Effect of extension of protection.
(a) Issuance of Extension of Protection.—Unless a request for extension of protection is refused
under section 1141h of this title, the Director shall issue a certificate of extension of protection
pursuant to the request and shall cause notice of such certificate of extension of protection to be
published in the Official Gazette of the United States Patent and Trademark Office.

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(b) Effect of Extension of Protection.—From the date on which a certificate of extension of
protection is issued under subsection (a) of this section—
(1) such extension of protection shall have the same effect and validity as a registration on the
Principal Register; and
(2) the holder of the international registration shall have the same rights and remedies as the
owner of a registration on the Principal Register.
[Added Nov. 2, 2003, 116 Stat. 1758, 1918]

Sec. 70 (15 U.S.C. § 1141j). Dependence of extension of protection to the United States on
the underlying international registration
(a) Effect of Cancellation of International Registration.—If the International Bureau notifies the
United States Patent and Trademark Office of the cancellation of an international registration with
respect to some or all of the goods and services listed in the international registration, the Director
shall cancel any extension of protection to the United States with respect to such goods and
services as of the date on which the international registration was canceled.
(b) Effect of Failure To Renew International Registration.—If the International Bureau does not
renew an international registration, the corresponding extension of protection to the United States
shall cease to be valid as of the date of the expiration of the international registration.
(c) Transformation of an Extension of Protection Into a United States Application.—The holder of
an international registration canceled in whole or in part by the International Bureau at the request
of the office of origin, under article 6(4) of the Madrid Protocol, may file an application, under
section 1051 or 1126 of this title, for the registration of the same mark for any of the goods and
services to which the cancellation applies that were covered by an extension of protection to the
United States based on that international registration. Such an application shall be treated as if it
had been filed on the international registration date or the date of recordal of the request for
extension of protection with the International Bureau, whichever date applies, and, if the extension
of protection enjoyed priority under section 1141g of this title, shall enjoy the same priority. Such
an application shall be entitled to the benefits conferred by this subsection only if the application is
filed not later than 3 months after the date on which the international registration was canceled, in
whole or in part, and only if the application complies with all the requirements of this Act which
apply to any application filed pursuant to section 1051 or 1126 of this title.
[Added Nov. 2, 2003, 116 Stat. 1758, 1918]

Sec. 71 (15 U.S.C. § 1141k). Duration, affidavits and fees
(a) Time Periods for Required Affidavits. Each extension of protection for which a certificate has
been issued under section 69 shall remain in force for the term of the international registration
upon which it is based, except that the extension of protection of any mark shall be canceled by
the Director unless the holder of the international registration files in the United States Patent and
Trademark Office affidavits that meet the requirements of subsection (b), within the following time
periods:
(1) Within the 1-year period immediately preceding the expiration of 6 years following the date
of issuance of the certificate of extension of protection.
(2) Within the 1-year period immediately preceding the expiration of 10 years following the
date of issuance of the certificate of extension of protection, and each successive 10-year
period following the date of issuance of the certificate of extension of protection.
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(3) The holder may file the affidavit required under this section within a grace period of 6
months after the end of the applicable time period established in paragraph (1) or (2), together
with the fee described in subsection (b) and the additional grace period surcharge prescribed
by the Director.
(b) Requirements for Affidavit. The affidavit referred to in subsection (a) shall—
(1)(A) state that the mark is in use in commerce;
(B) set forth the goods and services recited in the extension of protection on or in
connection with which the mark is in use in commerce;
(C) be accompanied by such number of specimens or facsimiles showing current use of
the mark in commerce as may be required by the Director; and
(D) be accompanied by the fee prescribed by the Director; or
(2)(A) set forth the goods and services recited in the extension of protection on or in
connection with which the mark is not in use in commerce;
(B) include a showing that any nonuse is due to special circumstances which excuse
such nonuse and is not due to any intention to abandon the mark; and
(C) be accompanied by the fee prescribed by the Director.
(c) Deficient Affidavit. If any submission filed within the period set forth in subsection (a) is
deficient, including that the affidavit was not filed in the name of the holder of the international
registration, the deficiency may be corrected after the statutory time period, within the time
prescribed after notification of the deficiency. Such submission shall be accompanied by the
additional deficiency surcharge prescribed by the Director.
(d) Notice of Requirement. Special notice of the requirement for such affidavit shall be attached to
each certificate of extension of protection.
(e) Notification of Acceptance or Refusal. The Director shall notify the holder of the international
registration who files any affidavit required by this section of the Director's acceptance or refusal
thereof and, in the case of a refusal, the reasons therefor.
(f) Designation of Resident for Service of Process and Notices. If the holder of the international
registration of the mark is not domiciled in the United States, the holder 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 last designated
address, or if the holder 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.
(Amended Mar. 17, 2010, 124 Stat. 66.)

Sec. 72 (15 U.S.C. § 1141l). Assignment of an extension of protection
An extension of protection may be assigned, together with the goodwill associated with the mark,
only to a person who is a national of, is domiciled in, or has a bona fide and effective industrial or

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commercial establishment either in a country that is a Contracting Party or in a country that is a
member of an intergovernmental organization that is a Contracting Party.
[Added Nov. 2, 2003, 116 Stat. 1758, 1920]

Sec. 73 (15 U.S.C. § 1141m). Incontestability
The period of continuous use prescribed under section 1065 of this title for a mark covered by an
extension of protection issued under this title may begin no earlier than the date on which the
Director issues the certificate of the extension of protection under section 1141i of this title, except
as provided in section 1141n of this title.
[Added Nov. 2, 2003, 116 Stat. 1758, 1920]

Sec. 74 (15 U.S.C. § 1141n). Rights of extension of protection
When a United States registration and a subsequently issued certificate of extension of protection
to the United States are owned by the same person, identify the same mark, and list the same
goods or services, the extension of protection shall have the same rights that accrued to the
registration prior to issuance of the certificate of extension of protection.
[Added Nov. 2, 2003, 116 Stat. 1758, 1920]

Sec. 13403 (15 U.S.C. § 1141 note). Effective date
This subtitle and the amendments made by this subtitle shall take effect on the later of—
(1) the date on which the Madrid Protocol (as defined in section 60 of the Trademark Act of
1946) enters into force with respect to the United States; or
(2) the date occurring 1 year after the date of enactment of this Act.
[Added Nov. 2, 2003, 116 Stat. 1758, 1920]

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UNITED STATES CODE, TITLE 35, PATENTS
PART 1-UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1-ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
35 U.S.C. § 1. Establishment.
(a) ESTABLISHMENT—The United States Patent and Trademark Office is established as an
agency of the United States, within the Department of Commerce. In carrying out its functions,
the United States Patent and Trademark Office shall be subject to the policy direction of the
Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the
management and administration of its operations and shall exercise independent control of its
budget allocations and expenditures, personnel decisions and processes, procurements, and
other administrative and management functions in accordance with this title and applicable
provisions of law. Those operations designed to grant and issue patents and those operations
which are designed to facilitate the registration of trademarks shall be treated as separate
operating units within the Office.
(b) OFFICES—The United States Patent and Trademark Office shall maintain its principal office in
the metropolitan Washington, D.C., area, for the service of process and papers and for the
purpose of carrying out its functions. The United States Patent and Trademark Office shall be
deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal
office is located, except where jurisdiction is otherwise provided by law. The United States Patent
and Trademark Office may establish satellite offices in such other places in the United States as it
considers necessary and appropriate in the conduct of its business.
(c) REFERENCE—For purposes of this title, the United States Patent and Trademark Office shall
also be referred to as the “Office” and the “Patent and Trademark Office.”
(July 19, 1952, ch. 950, § 1, 66 Stat. 792; Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999, 113 Stat. 1501A-572.)

35 U.S.C. § 2. Powers and duties.
(a) IN GENERAL—The United States Patent and Trademark Office, subject to the policy direction
of the Secretary of Commerce—
(1) shall be responsible for the granting and issuing of patents and the registration of
trademarks; and
(2) shall be responsible for disseminating to the public information with respect to patents and
trademarks.
(b) SPECIFIC POWERS—The Office—
(1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which
letters patent, certificates of trademark registrations, and papers issued by the Office shall be
authenticated;
(2) may establish regulations, not inconsistent with law, which—
(A) shall govern the conduct of proceedings in the Office;
(B) shall be made in accordance with section 553 of title 5;
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(C) shall facilitate and expedite the processing of patent applications, particularly those
which can be filed, stored, processed, searched, and retrieved electronically, subject to the
provisions of section 122 relating to the confidential status of applications;
(D) may govern the recognition and conduct of agents, attorneys, or other persons
representing applicants or other parties before the Office, and may require them, before
being recognized as representatives of applicants or other persons, to show that they are
of good moral character and reputation and are possessed of the necessary qualifications
to render to applicants or other persons valuable service, advice, and assistance in the
presentation or prosecution of their applications or other business before the Office;
(E) shall recognize the public interest in continuing to safeguard broad access to the
United States patent system through the reduced fee structure for small entities under
section 41(h)(1);
(F) provide for the development of a performance-based process that includes quantitative
and qualitative measures and standards for evaluating cost-effectiveness and is consistent
with the principles of impartiality and competitiveness; and
(G) may, subject to any conditions prescribed by the Director and at the request of the
patent applicant, provide for prioritization of examination of applications for products,
processes, or technologies that are important to the national economy or national
competitiveness without recovering the aggregate extra cost of providing such
prioritization, notwithstanding section 41 or any other provision of law;
(3) may acquire, construct, purchase, lease, hold, manage, operate, improve, alter, and
renovate any real, personal, or mixed property, or any interest therein, as it considers
necessary to carry out its functions;
(4)(A) may make such purchases, contracts for the construction, maintenance, or
management and operation of facilities, and contracts for supplies or services, without regard
to the provisions of subtitle I and chapter 33 of title 40, title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), and the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et seq.); and
(B) may enter into and perform such purchases and contracts for printing services,
including the process of composition, platemaking, presswork, silk screen processes,
binding, microform, and the products of such processes, as it considers necessary to carry
out the functions of the Office, without regard to sections 501 through 517 and 1101
through 1123 of title 44;
(5) may use, with their consent, services, equipment, personnel, and facilities of other
departments, agencies, and instrumentalities of the Federal Government, on a reimbursable
basis, and cooperate with such other departments, agencies, and instrumentalities in the
establishment and use of services, equipment, and facilities of the Office;
(6) may, when the Director determines that it is practicable, efficient, and cost-effective to do
so, use, with the consent of the United States and the agency, instrumentality, Patent and
Trademark Office, or international organization concerned, the services, records, facilities, or
personnel of any State or local government agency or instrumentality or foreign patent and
trademark office or international organization to perform functions on its behalf;
(7) may retain and use all of its revenues and receipts, including revenues from the sale,
lease, or disposal of any real, personal, or mixed property, or any interest therein, of the
Office;
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(8) shall advise the President, through the Secretary of Commerce, on national and certain
international intellectual property policy issues;
(9) shall advise Federal departments and agencies on matters of intellectual property policy in
the United States and intellectual property protection in other countries;
(10) shall provide guidance, as appropriate, with respect to proposals by agencies to assist
foreign governments and international intergovernmental organizations on matters of
intellectual property protection;
(11) may conduct programs, studies, or exchanges of items or services regarding domestic
and international intellectual property law and the effectiveness of intellectual property
protection domestically and throughout the world, and the Office is authorized to expend funds
to cover the subsistence expenses and travel-related expenses, including per diem, lodging
costs, and transportation costs, of persons attending such programs who are not Federal
employees;
(12)(A) shall advise the Secretary of Commerce on programs and studies relating to
intellectual property policy that are conducted, or authorized to be conducted, cooperatively
with foreign intellectual property offices and international intergovernmental organizations; and
(B) may conduct programs and studies described in subparagraph (A); and
(13)(A) in coordination with the Department of State, may conduct programs and studies
cooperatively with foreign intellectual property offices and international intergovernmental
organizations; and
(B) with the concurrence of the Secretary of State, may authorize the transfer of not to
exceed $100,000 in any year to the Department of State for the purpose of making special
payments to international intergovernmental organizations for studies and programs for
advancing international cooperation concerning patents, trademarks, and other matters.
(c) CLARIFICATION OF SPECIFIC POWERS—(1) The special payments under subsection
(b)(13)(B) shall be in addition to any other payments or contributions to international organizations
described in subsection (b)(13)(B) and shall not be subject to any limitations imposed by law on
the amounts of such other payments or contributions by the United States Government.
(2) Nothing in subsection (b) shall derogate from the duties of the Secretary of State or from
the duties of the United States Trade Representative as set forth in section 141 of the Trade
Act of 1974 (19 U.S.C. 2171).
(3) Nothing in subsection (b) shall derogate from the duties and functions of the Register of
Copyrights or otherwise alter current authorities relating to copyright matters.
(4) In exercising the Director’s powers under paragraphs (3) and (4)(A) of subsection (b), the
Director shall consult with the Administrator of General Services.
(5) In exercising the Director’s powers and duties under this section, the Director shall consult
with the Register of Copyrights on all copyright and related matters.
(d) CONSTRUCTION—Nothing in this section shall be construed to nullify, void, cancel, or
interrupt any pending request-for-proposal let or contract issued by the General Services
Administration for the specific purpose of relocating or leasing space to the United States Patent
and Trademark Office.
(July 19, 1952, ch. 950, § 1, 66 Stat. 792; Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999, 113 Stat. 1501A-573;
Nov. 2, 2002, 116 Stat. 1758; Sept. 16, 2011, 125 Stat. 335, 337-338.)
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35 U.S.C. § 3. Officers and employees.
(a) UNDER SECRETARY AND DIRECTOR—(1) IN GENERAL- The powers and duties of the
United States Patent and Trademark Office shall be vested in an Under Secretary of Commerce
for Intellectual Property and Director of the United States Patent and Trademark Office (in this title
referred to as the “Director”), who shall be a citizen of the United States and who shall be
appointed by the President, by and with the advice and consent of the Senate. The Director shall
be a person who has a professional background and experience in patent or trademark law.
(2) DUTIES—
(A) IN GENERAL—The Director shall be responsible for providing policy direction and
management supervision for the Office and for the issuance of patents and the registration
of trademarks. The Director shall perform these duties in a fair, impartial, and equitable
manner.
(B) CONSULTING WITH THE PUBLIC ADVISORY COMMITTEES—The Director shall
consult with the Patent Public Advisory Committee established in section 5 on a regular
basis on matters relating to the patent operations of the Office, shall consult with the
Trademark Public Advisory Committee established in section 5 on a regular basis on
matters relating to the trademark operations of the Office, and shall consult with the
respective Public Advisory Committee before submitting budgetary proposals to the Office
of Management and Budget or changing or proposing to change patent or trademark user
fees or patent or trademark regulations which are subject to the requirement to provide
notice and opportunity for public comment under section 553 of title 5, as the case may be.
(3) OATH—The Director shall, before taking office, take an oath to discharge faithfully the
duties of the Office.
(4) REMOVAL—The Director may be removed from office by the President. The President
shall provide notification of any such removal to both Houses of Congress.
(b) OFFICERS AND EMPLOYEES OF THE OFFICE—
(1) DEPUTY UNDER SECRETARY AND DEPUTY DIRECTOR—The Secretary of
Commerce, upon nomination by the Director, shall appoint a Deputy Under Secretary of
Commerce for Intellectual Property and Deputy Director of the United States Patent and
Trademark Office who shall be vested with the authority to act in the capacity of the Director in
the event of the absence or incapacity of the Director. The Deputy Director shall be a citizen of
the United States who has a professional background and experience in patent or trademark
law.
(2) COMMISSIONERS—
(A) APPOINTMENT AND DUTIES—The Secretary of Commerce shall appoint a
Commissioner for Patents and a Commissioner for Trademarks, without regard to chapter 33,
51, or 53 of title 5. The Commissioner for Patents shall be a citizen of the United States with
demonstrated management ability and professional background and experience in patent law
and serve for a term of 5 years. The Commissioner for Trademarks shall be a citizen of the
United States with demonstrated management ability and professional background and
experience in trademark law and serve for a term of 5 years. The Commissioner for Patents
and the Commissioner for Trademarks shall serve as the chief operating officers for the
operations of the Office relating to patents and trademarks, respectively, and shall be
responsible for the management and direction of all aspects of the activities of the Office that
affect the administration of patent and trademark operations, respectively. The Secretary may
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reappoint a Commissioner to subsequent terms of 5 years as long as the performance of the
Commissioner as set forth in the performance agreement in subparagraph (B) is satisfactory.
(B) SALARY AND PERFORMANCE AGREEMENT—The Commissioners shall be paid an
annual rate of basic pay not to exceed the maximum rate of basic pay for the Senior
Executive Service established under section 5382 of title 5, including any applicable
locality-based comparability payment that may be authorized under section 5304(h)(2)(C)
of title 5. The compensation of the Commissioners shall be considered, for purposes of
section 207(c)(2)(A) of title 18, to be the equivalent of that described under clause (ii) of
section 207(c)(2)(A) of title 18. In addition, the Commissioners may receive a bonus in an
amount of up to, but not in excess of, 50 percent of the Commissioners’ annual rate of
basic pay, based upon an evaluation by the Secretary of Commerce, acting through the
Director, of the Commissioners’ performance as defined in an annual performance
agreement between the Commissioners and the Secretary. The annual performance
agreements shall incorporate measurable organization and individual goals in key
operational areas as delineated in an annual performance plan agreed to by the
Commissioners and the Secretary. Payment of a bonus under this subparagraph may be
made to the Commissioners only to the extent that such payment does not cause the
Commissioners’ total aggregate compensation in a calendar year to equal or exceed the
amount of the salary of the Vice President under section 104 of title 3.
(C) REMOVAL- The Commissioners may be removed from office by the Secretary for
misconduct or nonsatisfactory performance under the performance agreement described
in subparagraph (B), without regard to the provisions of title 5. The Secretary shall provide
notification of any such removal to both Houses of Congress.
(3) OTHER OFFICERS AND EMPLOYEES—The Director shall—
(A) appoint such officers, employees (including attorneys), and agents of the Office as the
Director considers necessary to carry out the functions of the Office; and
(B) define the title, authority, and duties of such officers and employees and delegate to
them such of the powers vested in the Office as the Director may determine.
The Office shall not be subject to any administratively or statutorily imposed limitation on
positions or personnel, and no positions or personnel of the Office shall be taken into
account for purposes of applying any such limitation.
(4) TRAINING OF EXAMINERS—The Office shall submit to the Congress a proposal to
provide an incentive program to retain as employees patent and trademark examiners of the
primary examiner grade or higher who are eligible for retirement, for the sole purpose of
training patent and trademark examiners.
(5) NATIONAL SECURITY POSITIONS—The Director, in consultation with the Director of the
Office of Personnel Management, shall maintain a program for identifying national security
positions and providing for appropriate security clearances, in order to maintain the secrecy of
certain inventions, as described in section 181, and to prevent disclosure of sensitive and
strategic information in the interest of national security.
(6) ADMINISTRATIVE PATENT JUDGES AND ADMINISTRATIVE TRADEMARK JUDGES—
The Director may fix the rate of basic pay for the administrative patent judges appointed
pursuant to section 6 and the administrative trademark judges appointed pursuant to section
17 of the Trademark Act of 1946 (15 U.S.C. 1067) at not greater than the rate of basic pay
payable for level III of the Executive Schedule under section 5314 of title 5. The payment of a
rate of basic pay under this paragraph shall not be subject to the pay limitation under section
5306(e) or 5373 of title 5.
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(c) CONTINUED APPLICABILITY OF TITLE 5—Officers and employees of the Office shall be
subject to the provisions of title 5, relating to Federal employees.
(d) ADOPTION OF EXISTING LABOR AGREEMENTS—The Office shall adopt all labor
agreements which are in effect, as of the day before the effective date of the Patent and
Trademark Office Efficiency Act, with respect to such Office (as then in effect).
(e) CARRYOVER OF PERSONNEL—
(1) FROM PTO- Effective as of the effective date of the Patent and Trademark Office
Efficiency Act, all officers and employees of the Patent and Trademark Office on the day
before such effective date shall become officers and employees of the Office, without a break
in service.
(2) OTHER PERSONNEL- Any individual who, on the day before the effective date of the
Patent and Trademark Office Efficiency Act, is an officer or employee of the Department of
Commerce (other than an officer or employee under paragraph (1)) shall be transferred to the
Office, as necessary to carry out the purposes of that Act, if—
(A) such individual serves in a position for which a major function is the performance of
work reimbursed by the Patent and Trademark Office, as determined by the Secretary of
Commerce;
(B) such individual serves in a position that performed work in support of the Patent and
Trademark Office during at least half of the incumbent’s work time, as determined by the
Secretary of Commerce; or
(C) such transfer would be in the interest of the Office, as determined by the Secretary of
Commerce in consultation with the Director.
Any transfer under this paragraph shall be effective as of the same effective date as referred
to in paragraph (1), and shall be made without a break in service.
(f) TRANSITION PROVISIONS—
(1) INTERIM APPOINTMENT OF DIRECTOR—On or after the effective date of the Patent
and Trademark Office Efficiency Act, the President shall appoint an individual to serve as the
Director until the date on which a Director qualifies under subsection (a). The President shall
not make more than one such appointment under this subsection.
(2) CONTINUATION IN OFFICE OF CERTAIN OFFICERS—(A) The individual serving as the
Assistant Commissioner for Patents on the day before the effective date of the Patent and
Trademark Office Efficiency Act may serve as the Commissioner for Patents until the date on
which a Commissioner for Patents is appointed under subsection (b).
(B) The individual serving as the Assistant Commissioner for Trademarks on the day
before the effective date of the Patent and Trademark Office Efficiency Act may serve as
the Commissioner for Trademarks until the date on which a Commissioner for Trademarks
is appointed under subsection (b).
(July 19, 1952, ch. 950, § 1, 66 Stat. 792; Sept. 6, 1958, 72 Stat. 1793; Sept. 23, 1959, 73 Stat. 650; Aug.
14, 1964, 78 Stat. 425; Jan. 2, 1975, 88 Stat. 1949; Jan. 2, 1975, 88 Stat. 1956; Aug. 27, 1982, 96 Stat.
319; Oct. 15, 1982, 96 Stat. 1760; Nov. 8, 1984, 98 Stat. 3392; Oct. 28, 1998, 112 Stat. 2860; Aug. 5, 1999,
113 Stat. 221; Nov. 29, 1999, 113 Stat. 1501A-575; Nov. 2, 2002, 116 Stat. 1904; Sept. 16, 2011, 125 Stat.
334, 336.)

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35 U.S.C. § 4. Restrictions on officers and employees as to interest in patents
Officers and employees of the Patent and Trademark Office shall be incapable, during the period
of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly
or indirectly, except by inheritance or bequest, any patent or any right or interest in a patent,
issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to
any priority date earlier than one year after the termination of their appointment.
(July 19, 1952, ch. 950, § 1, 66 Stat. 793; Jan. 2, 1975, 88 Stat. 1949; Jan. 2, 1975, 88 Stat. 1949.)

35 U.S.C. § 5. Patent and Trademark Office Public Advisory Committees.
(a) ESTABLISHMENT OF PUBLIC ADVISORY COMMITTEES—
(1) APPOINTMENT—The United States Patent and Trademark Office shall have a Patent
Public Advisory Committee and a Trademark Public Advisory Committee, each of which shall
have nine voting members who shall be appointed by the Secretary of Commerce and serve
at the pleasure of the Secretary of Commerce. In each year, 3 members shall be appointed to
each Advisory Committee for 3-year terms that shall begin on December 1 of that year. Any
vacancy on an Advisory Committee shall be filled within 90 days after it occurs. A new
member who is appointed to fill a vacancy shall be appointed to serve for the remainder of the
predecessor's term.
(2) CHAIR—The Secretary of Commerce, in consultation with the Director, shall designate a
Chair and Vice Chair of each Advisory Committee from among the members appointed under
paragraph (1). If the Chair resigns before the completion of his or her term, or is otherwise
unable to exercise the functions of the Chair, the Vice Chair shall exercise the functions of the
Chair.
(b) BASIS FOR APPOINTMENTS- Members of each Advisory Committee—
(1) shall be citizens of the United States who shall be chosen so as to represent the interests
of diverse users of the United States Patent and Trademark Office with respect to patents, in
the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case
of the Trademark Public Advisory Committee;
(2) shall include members who represent small and large entity applicants located in the
United States in proportion to the number of applications filed by such applicants, but in no
case shall members who represent small entity patent applicants, including small business
concerns, independent inventors, and nonprofit organizations, constitute less than 25 percent
of the members of the Patent Public Advisory Committee, and such members shall include at
least one independent inventor; and
(3) shall include individuals with substantial background and achievement in finance,
management, labor relations, science, technology, and office automation.
In addition to the voting members, each Advisory Committee shall include a representative of
each labor organization recognized by the United States Patent and Trademark Office. Such
representatives shall be nonvoting members of the Advisory Committee to which they are
appointed.
(c) MEETINGS—Each Advisory Committee shall meet at the call of the chair to consider an
agenda set by the chair.
(d) DUTIES—Each Advisory Committee shall—

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(1) review the policies, goals, performance, budget, and user fees of the United States Patent
and Trademark Office with respect to patents, in the case of the Patent Public Advisory
Committee, and with respect to Trademarks, in the case of the Trademark Public Advisory
Committee, and advise the Director on these matters;
(2) within 60 days after the end of each fiscal year—
(A) prepare an annual report on the matters referred to in paragraph (1);
(B) transmit the report to the Secretary of Commerce, the President, and the Committees
on the Judiciary of the Senate and the House of Representatives; and
(C) publish the report in the Official Gazette of the United States Patent and Trademark
Office.
(e) COMPENSATION—Each member of each Advisory Committee shall be compensated for
each day (including travel time) during which such member is attending meetings or conferences
of that Advisory Committee or otherwise engaged in the business of that Advisory Committee, at
the rate which is the daily equivalent of the annual rate of basic pay in effect for level III of the
Executive Schedule under section 5314 of title 5. While away from such member’s home or
regular place of business such member shall be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of title 5.
(f) ACCESS TO INFORMATION—Members of each Advisory Committee shall be provided
access to records and information in the United States Patent and Trademark Office, except for
personnel or other privileged information and information concerning patent applications required
to be kept in confidence by section 122.
(g) APPLICABILITY OF CERTAIN ETHICS LAWS—Members of each Advisory Committee shall
be special Government employees within the meaning of section 202 of title 18.
(h) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT—The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to each Advisory Committee.
(i) OPEN MEETINGS—The meetings of each Advisory Committee shall be open to the public,
except that each Advisory Committee may by majority vote meet in executive session when
considering personnel, privileged, or other confidential information.
(j) INAPPLICABILITY OF PATENT PROHIBITION—Section 4 shall not apply to voting members
of the Advisory Committees.
(Added Nov. 29, 1999, 113 Stat. 1501A-578; amended Nov. 2, 2002, 116 Stat. 1904; amended Jan. 14.
2013, 126 Stat. 2458-549.)

35 U.S.C. § 6. Patent Trial and Appeal Board. (35 U.S.C. § 6 pertains to patents.)
35 U.S.C. § 7. Library.
The Director shall maintain a library of scientific and other works and periodicals, both foreign and
domestic, in the Patent and Trademark Office to aid the officers in the discharge of their duties.
(July 19, 1952, ch. 950, § 1, 66 Stat. 793; Jan. 2, 1975, 88 Stat. 1949; Jan. 2, 1975, 88 Stat. 1949; Nov. 29,
1999, 113 Stat. 1501A-580.)

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35 U.S.C. § 8. Classification of patents. (35 U.S.C. § 8 pertains to patents.)
35 U.S.C. § 9. Certified copies of records.
The Director may furnish certified copies of specifications and drawings of patents issued by the
Patent and Trademark Office, and of other records available either to the public or to the person
applying therefor.
(July 19, 1952, ch. 950, 66 Stat. 794; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999,
113 Stat. 1501A-580.)

35 U.S.C. § 10. Publications.
(a) The Director may publish in printed, typewritten, or electronic form, the following:
1. Patents, including specifications and drawings, together with copies of the same. The
Patent and Trademark Office may print the headings of the drawings for patents for the
purpose of photolithography.
2. Certificates of trademark registrations, including statements and drawings, together with
copies of the same.
3. The Official Gazette of the United States Patent and Trademark Office.
4. Annual indexes of patents and patentees, and of trademarks and registrants.
5. Annual volumes of decisions in patent and trademark cases.
6. Pamphlet copies of the patent laws and rules of practice, laws and rules relating to
trademarks, and circulars or other publications relating to the business of the Office.
(b) The Director may exchange any of the publications specified in items 3, 4, 5, and 6 of
subsection (a) of this section for publications desirable for use of the Patent and Trademark
Office.
(July 19, 1952, ch. 950, § 1, 66 Stat. 794; Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999, 113 Stat. 1501A-580.)

35 U.S.C. § 11. Exchange of copies of patents. (35 U.S.C. § 11 pertains to patents.)
35 U.S.C. § 12. Copies of patents and applications for public libraries. (35 U.S.C. § 12
pertains to patents.)
35 U.S.C. § 13. Annual report to Congress.
The Director shall report to the Congress, not later than 180 days after the end of each fiscal year,
the moneys received and expended by the Office, the purposes for which the moneys were spent,
the quality and quantity of the work of the Office, the nature of training provided to examiners, the
evaluation of the Commissioner of Patents and the Commissioner of Trademarks by the Secretary
of Commerce, the compensation of the Commissioners, and other information relating to the
Office.
(July 19, 1952, ch. 950, § 1, 66 Stat. 794; Nov. 29, 1999, 113 Stat. 1501A-581.)

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CHAPTER 2—PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE
35 U.S.C. § 21. Filing date and day for taking action.
(a) The Director may by rule prescribe that any paper or fee required to be filed in the Patent and
Trademark Office will be considered filed in the Office on the date on which it was deposited with
the United States Postal Service or would have been deposited with the United States Postal
Service but for postal service interruptions or emergencies designated by the Director.
(b) When the day, or the last day, for taking any action or paying any fee in the United States
Patent and Trademark Office falls on Saturday, Sunday, or a federal holiday within the District of
Columbia, the action may be taken, or the fee paid, on the next succeeding secular or business
day.
(July 19, 1952, ch. 950, § 1, 66 Stat. 794; Jan. 2, 1975, 88 Stat. 1949; Aug. 27, 1982, 96 Stat. 321; Nov. 29,
1999, 113 Stat. 1501A-582.)

Note—For holidays, see 5 U.S.C. § 6103 and District of Columbia Code, sec. 28-2701:
5 U.S.C. § 6103. Holidays.
(a) The following are legal public holidays:
New Year’s Day, January 1.
Birthday of Martin Luther King, Jr., the third Monday in January.
Washington’s Birthday, the third Monday in February.
Memorial Day, the last Monday in May.
Independence Day, July 4.
Labor Day, the first Monday in September.
Columbus Day, the second Monday in October.
Veterans Day, November 11.
Thanksgiving Day, the fourth Thursday in November.
Christmas Day, December 25.
(b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal
public holiday and any other day declared to be a holiday by Federal statute or Executive order,
the following rules apply:
(1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal
public holiday for—
(A) Employees whose basic workweek is Monday through Friday; and
(B) the purpose of section 6309 (Leave of Absence, etc.) of this title.
(2) Instead of a holiday that occurs on a regular weekly nonworkday of an employee whose
basic workweek is other than Monday through Friday, except the regular weekly nonworkday
administratively scheduled for the employee instead of Sunday, the workday immediately
before that regular weekly nonworkday is a legal public holiday for the employee.
This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose
basic workweek is Monday through Saturday.
(c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the
purpose of statutes relating to pay and leave of employees as defined by section 2105 of this title
and individuals employed by the government of the District of Columbia employed in the District of
Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties
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in Virginia, and the cities of Alexandria and Falls Church in Virginia. When January 20 of any
fourth year after 1965 falls on Sunday, the next succeeding day selected for the public
observance of the inauguration of the President is a legal public holiday for the purpose of this
subsection.
(Amended June 28, 1968, 82 Stat. 250; Sept. 18, 1975, 89 Stat. 479; Nov. 2, 1983, 97 Stat. 917.)

District of Columbia Code—Section 28-2701.
Holidays designated—Time for performing acts extended. The following days in each year,
namely, New Year’s Day, January 1; Dr. Martin Luther King, Jr.’s Birthday, the third Monday in
January; Washington’s Birthday, the third Monday in February; Memorial Day, the last Monday in
May; Independence Day, July 4; Labor Day, the first Monday in September; Columbus Day, the
second Monday in October; Veteran’s Day, November 11; Thanksgiving Day, the fourth Thursday
in November; Christmas Day, December 25; every Saturday, after twelve o’clock noon; any day
appointed by the President of the United States as a day of public feasting or thanksgiving; and
the day of the inauguration of the President, in every fourth year, are holidays in the District for all
purposes. When a day set apart as a legal holiday, other than the day of the inauguration of a
President, falls on a Saturday, the next preceding day is a holiday. When a day set apart as a
legal holiday falls on a Sunday, the next succeeding day is a holiday. In such cases, when a
Sunday and a holiday or holidays fall on successive days, all commercial papers falling due on
any of these days shall, for all purposes of presenting for payment or acceptance, be deemed to
mature and be presentable for payment or acceptance on the next secular business day
succeeding. Every Saturday is a holiday in the District for (1) every bank or banking institution
having an office or banking house located within the District, (2) every Federal savings and loan
association whose main office is in the District, and (3) every building association, building and
loan association, or savings and loan association, incorporated or unincorporated, organized and
operating under the laws of and having an office located within the District. An act which would
otherwise be required, authorized, or permitted to be performed on Saturday in the District at the
office or banking house of, or by, any such bank or bank institution, Federal savings and loan
association, building association, building and loan association, or savings and loan association, if
Saturday were not a holiday, shall or may be so performed on the next succeeding business day,
and liability or loss of rights of any kind may not result from such delay.
Note.—As to the observance of holidays which fall on Saturday, see 5 U.S.C. § 6103, which
provides:
“(b)(1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal
public holiday....”
35 U.S.C. § 22. Printing of papers filed.
The Director may require papers filed in the Patent and Trademark Office to be printed,
typewritten, or on an electronic medium.
(July 19, 1952, ch. 950, § 1, 66 Stat. 795; Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999, 113 Stat. 1501A-582.)

35 U.S.C. § 23. Testimony in Patent and Trademark Office cases.
The Director may establish rules for taking affidavits and depositions required in cases in the
Patent and Trademark Office. Any officer authorized by law to take depositions to be used in the
courts of the United States, or of the State where he resides, may take such affidavits and
depositions.
(July 19, 1952, ch. 950, § 1, 66 Stat. 795; Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999, 113 Stat. 1501A-582.)
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35 U.S.C. § 24. Subpoenas, witnesses.
The clerk of any United States court for the district wherein testimony is to be taken for use in any
contested case in the Patent and Trademark Office, shall, upon the application of any party
thereto, issue a subpoena for any witness residing or being within such district, commanding him
to appear and testify before an officer in such district authorized to take depositions and affidavits,
at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil
Procedure relating to the attendance of witnesses and to the production of documents and things
shall apply to contested cases in the Patent and Trademark Office.
Every witness subpoenaed and in attendance shall be allowed the fees and traveling expenses
allowed to witnesses attending the United States district courts.
A judge of a court whose clerk issued a subpoena may enforce obedience to the process or
punish disobedience as in other like cases, on proof that a witness, served with such subpoena,
neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for
disobeying such subpoena unless his fees and traveling expenses in going to, and returning from,
and one day’s attendance at the place of examination, are paid or tendered him at the time of the
service of the subpoena; nor for refusing to disclose any secret matter except upon appropriate
order of the court which issued the subpoena.
(July 19, 1952, ch. 950, § 1, 66 Stat. 795; Jan. 2, 1975, 88 Stat. 1949.)

35 U.S.C. § 25. Declaration in lieu of oath.
(a) The Director may by rule prescribe that any document to be filed in the Patent and Trademark
Office and which is required by any law, rule, or other regulation to be under oath may be
subscribed to by a written declaration in such form as the Director may prescribe, such declaration
to be in lieu of the oath otherwise required.
(b) Whenever such written declaration is used, the document must warn the declarant that willful
false statements and the like are punishable by fine or imprisonment, or both (18 U.S.C. section
1001).
(Added Mar. 26, 1964, 78 Stat. 171; amended Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999, 113 Stat. 1501A582.)

Note—18 U.S.C. § 1001 provides: “Whoever in any matter within the jurisdiction of any
department or agency of the United States knowingly and willfully falsifies, conceals or covers up
by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent
statements or representations, or makes or uses any false writing or document knowing the same
to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than
$10,000 or imprisoned not more than five years, or both.” (June 25, 1948, 62 Stat. 749.)
35 U.S.C. § 26. Effect of defective execution.
Any document to be filed in the Patent and Trademark Office and which is required by any law,
rule, or other regulation to be executed in a specified manner may be provisionally accepted by
the Director despite a defective execution, provided a properly executed document is submitted
within such time as may be prescribed.
(Added Mar. 26, 1964, 78 Stat. 171; amended Jan. 2, 1975, 88 Stat. 1949.)

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CHAPTER 3—PRACTICE BEFORE PATENT AND TRADEMARK OFFICE
35 U.S.C. § 31. [Repealed]
(Nov. 29, 1999, 113 Stat. 1501A-580.)

35 U.S.C. § 32. Suspension or exclusion from practice.
The Director may, after notice and opportunity for a hearing, suspend or exclude, either generally
or in any particular case, from further practice before the Patent and Trademark Office, any
person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct,
or who does not comply with the regulations established under section 2(b)(2)(D), or who shall, by
word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or
threaten any applicant or prospective applicant, or other person having immediate or prospective
business before the Office. The reasons for any such suspension or exclusion shall be duly
recorded. The Director shall have the discretion to designate any attorney who is an officer or
employee of the United States Patent and Trademark Office to conduct the hearing required by
this section. A proceeding under this section shall be commenced not later than the earlier of
either the date that is 10 years after the date on which the misconduct forming the basis for the
proceeding occurred, or 1 year after the date on which the misconduct forming the basis for the
proceeding is made known to an officer or employee of the Office as prescribed in the regulations
established under section 2(b)(2)(D). The United States District Court for the Eastern District of
Virginia, under such conditions and upon such proceedings as it by its rules determines, may
review the action of the Director upon the petition of the person so refused recognition or so
suspended or excluded.
(July 19, 1952, ch. 950, § 1, 66 Stat. 795; Jan. 2, 1975, 88 Stat. 1949; Nov. 29, 1999, 113 Stat. 1501A-581;
Sept. 16, 2011, 125 Stat. 291, 316, 335.)

35 U.S.C. § 33. Unauthorized representation as practitioner.
Whoever, not being recognized to practice before the Patent and Trademark Office, holds himself
out or permits himself to be held out as so recognized, or as being qualified to prepare or
prosecute applications for patent, shall be fined not more than $1,000 for each offense.
(July 19, 1952, ch. 950, § 1, 66 Stat. 796; Jan. 2, 1975, 88 Stat. 1949.)

CHAPTER 4—PATENT FEES, FUNDING, SEARCH SYSTEMS
35 U.S.C. § 41(i). Patent and trademark search systems.
(i) ELECTRONIC PATENT AND TRADEMARK DATA.—
(1) MAINTENANCE OF COLLECTIONS.—The Director shall maintain, for use by the public,
paper, microform, or electronic collections of United States patents, foreign patent documents,
and United States trademark registrations arranged to permit search for and retrieval of
information. The Director may not impose fees directly for the use of such collections, or for the
use of the public patent or trademark search rooms or libraries.
(2) AVAILABILITY OF AUTOMATED SEARCH SYSTEMS.—The Director shall provide for the full
deployment of the automated search systems of the Patent and Trademark Office so that such
systems are available for use by the public, and shall assure full access by the public to, and
dissemination of, patent and trademark information, using a variety of automated methods,
including electronic bulletin boards and remote access by users to mass storage and retrieval
systems.
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(3) ACCESS FEES.—The Director may establish reasonable fees for access by the public to the
automated search systems of the Patent and Trademark Office. If such fees are established, a
limited amount of free access shall be made available to users of the systems for purposes of
education and training. The Director may waive the payment by an individual of fees authorized
by this subsection upon a showing of need or hardship, and if such a waiver is in the public
interest.
(4) ANNUAL REPORT TO CONGRESS.—The Director shall submit to the Congress an annual
report on the automated search systems of the Patent and Trademark Office and the access by
the public to such systems. The Director shall also publish such report in the Federal Register.
The Director shall provide an opportunity for the submission of comments by interested persons
on each such report.
(Added Pub. L. 102-204, § 5(d)(1), 105 Stat. 1637, Dec. 10, 1991; Pub. L. 112-29, 125 Stat. 323, 324, Sept.
16, 2011.)

35 U.S.C. § 41 note. Adjustment of trademark fees.
(a) FEE FOR FILING APPLICATION. Until such time as the Director sets or adjusts the fees
otherwise, under such conditions as may be prescribed by the Director, the fee under section
31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) for: (1) the filing of a paper application for
the registration of a trademark shall be $375; (2) the filing of an electronic application shall be
$325; and (3) the filing of an electronic application meeting certain additional requirements
prescribed by the Director shall be $275. The provisions of the second and third sentences of
section 31(a) of the Trademark Act of 1946 shall apply to the fees established under this section.
(b) REFERENCE TO TRADEMARK ACT OF 1946. For purposes of this section, the “Trademark
Act of 1946” refers to 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.”
(Pub. L. 108-447, Sec. 2, Div. B, Title VIII, Sec. 802, 118 Stat. 2809, 2929, Dec. 8, 2004; Pub. L. 112-29,
125 Stat. 324, Sept. 16, 2011.)

35 U.S.C. § 42. Patent and Trademark Office funding.
(a) All fees for services performed by or materials furnished by the Patent and Trademark Office
will be payable to the Director.
(b) All fees paid to the Director and all appropriations for defraying the costs of the activities of the
Patent and Trademark Office will be credited to the Patent and Trademark Office Appropriation
Account in the Treasury of the United States.
(c)(1) To the extent and in the amounts provided in advance in appropriations Acts, fees
authorized in this title or any other Act to be charged or established by the Director shall be
collected by and shall, subject to paragraph (3), be available to the Director to carry out the
activities of the Patent and Trademark Office.
(2) There is established in the Treasury a Patent and Trademark Fee Reserve Fund. If fee
collections by the Patent and Trademark Office for a fiscal year exceed the amount appropriated
to the Office for that fiscal year, fees collected in excess of the appropriated amount shall be
deposited in the Patent and Trademark Fee Reserve Fund. To the extent and in the amounts
provided in appropriations Acts, amounts in the Fund shall be made available until expended only
for obligation and expenditure by the Office in accordance with paragraph (3).

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(3)(A) Any fees that are collected under this title, and any surcharges on such fees, may only be
used for expenses of the Office relating to the processing of patent applications and for other
activities, services, and materials relating to patents and to cover a proportionate share of the
administrative costs of the Office.
(B) Any fees that are collected under section 31 of the Trademark Act of 1946, and any
surcharges on such fees, may only be used for expenses of the Office relating to the processing
of trademark registrations and for other activities, services, and materials relating to trademarks
and to cover a proportionate share of the administrative costs of the Office.
(d) The Director may refund any fee paid by mistake or any amount paid in excess of that
required.
(e) The Secretary of Commerce shall, on the day each year on which the President submits the
annual budget to the Congress, provide to the Committees on the Judiciary of the Senate and the
House of Representatives—
(1) a list of patent and trademark fee collections by the Patent and Trademark Office during the
preceding fiscal year;
(2) a list of activities of the Patent and Trademark Office during the preceding fiscal year which
were supported by patent fee expenditures, trademark fee expenditures, and appropriations;
(3) budget plans for significant programs, projects, and activities of the Office, including out-year
funding estimates;
(4) any proposed disposition of surplus fees by the Office; and
(5) such other information as the committees consider necessary.
(July 19, 1952, c. 950, 66 Stat. 796; Nov. 14, 1975, Pub. L. 94-131, § 4, 89 Stat. 690; Dec. 12, 1980, Pub. L.
96-517, § 3, 94 Stat. 3018; Aug. 27, 1982, Pub. L. 97-247, § 3(g), 96 Stat. 319; Sept. 13, 1982, Pub. L. 97258, § 3(i), 96 Stat. 1065; Nov. 10, 1998, Pub. L. 105-358, 112 Stat. 3272; Sept. 16, 2011, Pub. L. 112-29,
125 Stat. 336; Jan 14, 2013, Pub. L. 112-274, 126 Stat. 2457.)

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NOTES OF OTHER STATUTES
SOME U.S. CODE (AND C.F.R.) SECTIONS PROTECTING SPECIFIC NAMES, TERMS AND
MARKS
(This is a partial listing of some of the names, terms, initials and marks which are protected under
the United States Code (and Code of Federal Regulations). Almost all of these sections protect
symbols, emblems, seals, insignia and badges, as well as the referenced name. Many sections
also protect other names and initials. Some sections protect characters in addition to names.
See the sections for specific information. See also the next listing which provides other important
Code sections, many of which also protect certain names, terms, initials and marks, e.g. 18
U.S.C. § 709. For further information on other sections, see the Index to the United States Code,
and the Index to the Code of Federal Regulations, especially under the terms “decorations,
medals and badges,” “coats of arms,” “character,” “insignia,” “names,” “seals” and “symbols.”
Other sections also exist which are not indexed under these terms.)
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American Ex-Prisoners of War, 36 U.S.C. § 20907
American Legion, 36 U.S.C. § 21705
The American National Theater and Academy, 36 U.S.C. § 21904
American Symphony Orchestra League, 36 U.S.C. § 22306
American Veterans, 36 U.S.C. § 22706
American War Mothers, 36 U.S.C. § 22505
AMVETS (see American Veterans)
Big Brothers [and other names], 36 U.S.C. § 30106
Big Sisters [and other names], 36 U.S.C. § 30106
Blinded Veterans Association, 36 U.S.C. § 30306
Blue Star Mothers of America, Inc., 36 U.S.C. § 30507
Board for Fundamental Education, 36 U.S.C. § 30706
Boy Scouts of America, 36 U.S.C. § 30905
Centers for Medicare and Medicaid Services (see Social Security)
Central Intelligence Agency, 50 U.S.C. § 403m
Central Liquidity Facility, 18 U.S.C. § 709
CIA (see Central Intelligence Agency)
Citius Altius Fortius (see Olympic)
Civil Air Patrol, 36 U.S.C. § 40306
CMS (see Social Security)
Coast Guard [and other names], 14 U.S.C. § 639
Commodity Credit Corporation, 15 U.S.C. § 714m
DEA (see Drug Enforcement Administration)
Department of Housing & Urban Development [and other names], 18 U.S.C. § 709
Disabled American Veterans, 36 U.S.C. § 50305
Drug Enforcement Administration, 18 U.S.C. § 709
Fastener Quality Act, 15 U.S.C. §§ 5401 et seq.
FFA (see Future Farmers of America)
The Foundation of the Federal Bar Association, 36 U.S.C. § 70506
4-H Club [also specific reference to emblem consisting of a green four-leaf clover with stem
and the letter H in white or gold on each leaflet], 18 U.S.C. § 707
F.B.I. (see Federal Bureau of Investigation)
Federal Bureau of Investigation, 18 U.S.C. § 709
Federal Deposit Insurance Corporation [and other names], 18 U.S.C. § 709
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Federal Home Loan Mortgage Corporation, 12 U.S.C. § 1457
Future Farmers of America, 36 U.S.C. § 70907
Geneva Cross (see Red Cross)
Girl Scouts of America, 36 U.S.C. § 80305
Give a Hoot, Don’t Pollute (see Woodsy Owl)
The Golden Eagle [also specific reference to insignia of an American Golden Eagle (colored
gold) and a family group (colored midnight blue) enclosed within a circle (colored white with
a midnight blue border)], 18 U.S.C. § 715
Government National Mortgage Association, 12 U.S.C. § 1723a; 18 U.S.C. § 709
HUD (See Department of Housing & Urban Development)
Ladies of the Grand Army of the Republic, 36 U.S.C. § 130106
Life Saving Service (see Coast Guard),
Lighthouse Service (see Coast Guard),
Little League; Little Leaguer, 36 U.S.C. § 130506
Marine Corps, 10 U.S.C. § 7881
Medicaid (see Social Security)
Medicare (see Social Security)
The Military Chaplains Association of the United States of America, 36 U.S.C. § 140304
NASA (see National Aeronautics and Space Administration)
National Aeronautics and Space Administration [also flags, logo, seal], 42 U.S.C. § 2459b;
14 C.F.R. §§ 1221.101, 1221.107
National Conference of State Societies, Washington, District of Columbia, 36 U.S.C.
§ 150507
National Conference on Citizenship, 36 U.S.C. § 150707
National Credit Union [and other names and acronyms], 18 U.S.C. § 709
National Music Council, 36 U.S.C. § 152306
National Safety Council, 36 U.S.C. § 152506
National Society, Daughters of the American Colonists, 36 U.S.C. § 152907
National Society of the Daughters of the American Revolution, 36 U.S.C. § 153104
National Women’s Relief Corps, Auxiliary of the Grand Army of the Republic, 36 U.S.C.
§ 153706
Naval Sea Cadet Corps, 36 U.S.C. § 154106,
NCOA (see Non Commissioned Officers Association of the United States of America)
Non Commissioned Officers Association of the United States of America [and other names],
36 U.S.C. § 154707
Olympiad (see Olympic)
Olympic [and other names] [also specific reference to (1) the symbol of the International
Olympic Committee, consisting of five interlocking rings, and (2) the emblem consisting of an
escutcheon having a blue chief and vertically extending red and white bars on the base with
five interlocked rings displayed on the chief], 36 U.S.C. § 220506
OPIC (see Overseas Private Investment)
Overseas Private Investment, 18 U.S.C. § 709
Paralyzed Veterans of America, 36 U.S.C. § 170105
Pearl Harbor Survivors Association, 36 U.S.C. § 170307
Peace Corps, 22 U.S.C. § 2518
Red Crescent emblem, or the designation “Red Crescent,” 18 U.S.C. § 706a
Red Cross [and other names] [also specific reference to the emblem of the Greek red cross
on a white ground], 18 U.S.C. § 706
Reserve Officers Association of the United States, 36 U.S.C. § 190106
SSA (see Social Security)
Secret Service [and other names], 18 U.S.C. § 709
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Smokey Bear, 18 U.S.C. § 711; 16 U.S.C. § 580p; 36 C.F.R. § 261.22
Social Security [and other names, symbols and emblems], 42 U.S.C. § 1320b-10
Sons of Union Veterans of the Civil War, 36 U.S.C. § 200306
Swiss Confederation [with specific reference to the coat of arms, consisting of an upright
white cross with equal arms and lines on a red ground], 18 U.S.C. § 708
Third Protocol Emblem, 18 U.S.C. § 706a
U.D. (see Secret Service)
USCG (see Coast Guard)
USCGR (see Coast Guard)
USMC (see Marine Corps)
USO (see United Service Organizations, Incorporated)
U.S.S.S. (see Secret Service)
United Service Organizations, Incorporated, 36 U.S.C. § 220106
United States Capitol Historical Society, 36 U.S.C. § 220306
United States Mint, 18 U.S.C. § 709
United States Railway Association, 45 U.S.C. § 711
United States Coast Guard (see Coast Guard)
United States Olympic Committee (see Olympic)
369th Veterans Association, 36 U.S.C. § 210307
Veterans of Foreign Wars of the United States, 36 U.S.C. § 230105
Veterans of World War I of the United States of America, Incorporated, 36 U.S.C. § 230306
Vietnam Veterans of America [and other names], 36 U.S.C. § 230507
Woodsy Owl, 18 U.S.C. § 711a, 16 U.S.C. § 580p; 36 C.F.R. § 261.22

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SOME SECTIONS OF THE UNITED STATES CODE WHICH RELATE TO TRADEMARKS
(This is a partial listing of sections relating to trademarks.)
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7 U.S.C. § 136, The Federal Insecticide, Fungicide and Rodenticide Act, relating to the
requirements for labeling of economic poisons.
7 U.S.C. §§ 1551-1610, The Federal Seed Act, relating to requirements for labeling of seeds
in interstate commerce.
15 U.S.C. § 1, Sherman Act (Sec. 1), as amended by Miller-Tydings Act, relating to restraint
of trade.
15 U.S.C. § 45, relating to unfair methods of competition.
15 U.S.C. § 52, relating to false advertisements.
15 U.S.C. § 68, The Wool Products Labeling Act, relating to the labeling of wool products.
15 U.S.C. § 69, The Fur Products Labeling Act, relating to the labeling of fur and fur
products.
15 U.S.C. § 70, the Textile Fiber Products Identification Act, relating to the use of
trademarks and names in the advertising or labeling of textile fiber products.
15 U.S.C. § 297, relating to use of marks, trade names, words and labeling in connection
with the importation, exportation or carriage in interstate commerce of merchandise made of
gold or silver or their alloys.
15 U.S.C. §§ 1261-1273, relating to the labeling of hazardous substances.
15 U.S.C. § 1511, relating to jurisdiction of Department of Commerce over Patent and
Trademark Office.
15 U.S.C. §§ 5401 et seq., relating to the recordation of insignia of manufacturers and
private label distributors to ensure the traceability of a fastener to its manufacturer or private
label distributor. (See notice at 1192 TMOG 19 (Nov. 5, 1996)).
18 U.S.C. § 701, relating to use of insignia of departments and independent offices of the
United States.
18 U.S.C. § 704, relating to decorations or medals authorized by Congress for the armed
forces of the United States.
18 U.S.C. § 705, relating to the unauthorized use on merchandise of any badge, medal,
emblem, or other insignia or any colorable imitation thereof of any veteran’s organization
incorporated by enactment of Congress or of any organization formally recognized by any
such veteran’s organization as an auxiliary thereof.
18 U.S.C. § 709, relating to false advertising or misuse of names to indicate Federal agency.
Also, prohibitions against using certain terms and initials within the financial, insurance,
agricultural, housing, protection, investigatory and other fields.
18 U.S.C. § 712, relating to misuse by collecting agencies or private detective agencies of
names, emblems, and insignia to indicate Federal agency.
18 U.S.C. § 713, relating to the use of likenesses of the great seal of the United States, and
of the seals of the President and Vice President.
18 U.S.C. § 1001, relating to statements, representations, writings or documents made to
any department or agency of the United States.
18 U.S.C. § 1158, relating to counterfeiting or imitating Government trademarks for Indian
products.
18 U.S.C. § 2320, relating to criminal penalties for trafficking in counterfeit goods and
services.
19 U.S.C. § 1337(a), Tariff Act of 1930, relating to unfair practices in import trade.
19 U.S.C. § 1526(a), Tariff Act of 1930, barring importation into the United States of
merchandise of foreign manufacture bearing a trademark registered in the Patent and
Trademark Office by a person domiciled in the United States if copy of the registration
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certificate has been filed with the Secretary of the Treasury unless written consent of the
trademark owner has been secured.
19 U.S.C. § 2111 et seq., providing authority for trade agreements and also annual reports
to Congress on barriers to trade include the treatment of intellectual property rights among
acts, policies, and practices that constitute barriers to trade.
19 U.S.C. § 2411, relating to foreign countries’ provision for adequate and effective
protection of the intellectual property rights of U.S. nationals.
19 U.S.C. § 2462(c), relating to the consideration of intellectual property rights as a factor for
foreign countries to receive benefits under the Generalized System of Preferences (GSP).
21 U.S.C. §§ 603-623, The Meat Inspecting Act, relating to the inspection and labeling of
meat and products.
21 U.S.C. §§ 301, 321-392, The Federal Food, Drug, and Cosmetic Act, relating to the
requirements for labeling of food, drugs, and cosmetics; avoiding trademarks in establishing
official names.

21 U.S.C. § 457, Poultry Products Inspection Act, relating to requirements for
labeling of poultry products in interstate commerce.
27 U.S.C. §§ 201-219a, The Federal Alcohol Administration Act, relating to certificates of
label approval of alcoholic beverages.
28 U.S.C. § 1254, relating to review of cases by the Supreme Court.
28 U.S.C. § 1295, relating to jurisdiction of United States Court of Appeals for the Federal
Circuit.
28 U.S.C. § 1338, relating to jurisdiction of District Courts in trademark suits.
29 U.S.C. §§ 655, 657, 665, Williams-Steiger Occupational Safety and Health Act of 1970,
relating to letters OSHA.
42 U.S.C. § 1320b-10, relating to misuse of Social Security or Medicare names, symbols,
emblems.
48 U.S.C. § 734, Puerto Rico, relating to statutes applicable to.
48 U.S.C. §§ 1405(q), 1574(c) and 1643, Virgin Islands, relating to statutes applicable to,
and to the non-applicability of certain provisions of the Trademark Act to the Virgin Islands.
48 U.S.C. § 1421(c), Guam, relating to statutes applicable to (see also Public Law 87-845,
October 18, 1962, 4-CZC-471, Canal Zone Code, relating to the application of U.S. patent,
trademark and copyright laws in the Canal Zone.)
50 U.S.C. Appendix 43, Trading with the Enemy Act, amending, providing for disposition of
vested trademarks.
District of Columbia Code

Section 22-3401, relating to use of District of Columbia and other related names and initials
used in connection with investigatory or collection services. (Oct. 16, 1962, 76 Stat. 1071)

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