15 Usc 1124

Page 1161

§ 1125

TITLE 15—COMMERCE AND TRADE

L. 106–113, div. B, § 1000(a)(9) [title IV,
§ 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536,
1501A–583.)
PRIOR PROVISIONS
Act Feb. 20, 1905, ch. 592, § 26, 33 Stat. 730.
AMENDMENTS
1999—Pub. L. 106–113 substituted ‘‘Director’’ for
‘‘Commissioner’’.
1975—Pub. L. 93–596 substituted ‘‘Patent and Trademark Office’’ for ‘‘Patent Office’’.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106–113 effective 4 months
after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731]
of Pub. L. 106–113, set out as a note under section 1 of
Title 35, Patents.

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.
(July 5, 1946, ch. 540, title VII, § 42, 60 Stat. 440;
Pub. L. 95–410, title II, § 211(b), Oct. 3, 1978, 92
Stat. 903; Pub. L. 105–330, title II, § 201(a)(11), (12),
Oct. 30, 1998, 112 Stat. 3070; Pub. L. 106–43, § 6(b),
Aug. 5, 1999, 113 Stat. 220.)
PRIOR PROVISIONS
Act Feb. 20, 1905, ch. 592, § 27, 33 Stat. 730.

EFFECTIVE DATE OF 1975 AMENDMENT

AMENDMENTS

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

1999—Pub. L. 106–43 substituted ‘‘trademarks’’ for
‘‘trade-marks’’.
1998—Pub. L. 105–330, § 201(a)(11), substituted ‘‘name of
any domestic’’ for ‘‘name of the any domestic’’.
Pub. L. 105–330, § 201(a)(12), substituted ‘‘trademark’’
for ‘‘trade-mark’’ wherever appearing.
1978—Pub. L. 95–410 substituted ‘‘Except as provided
in subsection (d) of section 1526 of title 19, no article’’
for ‘‘No article’’.

REPEAL AND EFFECT ON EXISTING RIGHTS
Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations
and rights under prior acts, see notes set out under section 1051 of this title.
TRANSFER OF FUNCTIONS

EFFECTIVE DATE OF 1998 AMENDMENT

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

Amendment by Pub. L. 105–330 effective Oct. 30, 1998,
and applicable only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the
registration of a mark, see section 201(b) of Pub. L.
105–330, set out as a note under section 1051 of this title.

§ 1124. Importation of goods bearing infringing
marks or names forbidden

Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations
and rights under prior acts, see notes set out under section 1051 of this title.

Except as provided in subsection (d) of section
1526 of title 19, 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

REPEAL AND EFFECT ON EXISTING RIGHTS

TRANSFER OF FUNCTIONS
Offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by
President with advice and consent of Senate ordered
abolished, with such offices to be terminated not later
than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May
25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. Functions of offices eliminated were already vested
in Secretary of the Treasury by Reorg. Plan No. 26 of
1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out
in the Appendix to Title 5.

§ 1125. False designations of origin, false descriptions, and dilution forbidden
(a) Civil action
(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