Notes on 15 U.S.C. § 1126 : US Code - Notes

Search Notes on 15 U.S.C. § 1126 : US Code - Notes

(July 5, 1946, ch. 540, title IX, Sec. 44, 60 Stat. 441; Pub. L. 87-
333, Sec. 2, Oct. 3, 1961, 75 Stat. 748; Pub. L. 87-772, Sec. 20,
Oct. 9, 1962, 76 Stat. 774; Pub. L. 100-667, title I, Sec. 133,
Nov. 16, 1988, 102 Stat. 3946; Pub. L. 105-330, title I, Sec. 108,
Oct. 30, 1998, 112 Stat. 3068; Pub. L. 106-43, Sec. 6(b), Aug. 5,
1999, 113 Stat. 220; Pub. L. 106-113, div. B, Sec. 1000(a)(9)
[title IV, Sec. 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536,
1501A-583; Pub. L. 107-273, div. C, title III, Sec. 13207(b)(12),
Nov. 2, 2002, 116 Stat. 1908.)
REFERENCES IN TEXT
Section 1(a) of the Act of March 19, 1920, referred to in subsec.
(a), is section 1(a) of act Mar. 19, 1920, ch. 104, 41 Stat. 533,
which was classified to section 121(a) of this title, and repealed
by act July 5, 1946, ch. 540, Sec. 46(a), 60 Stat. 444, insofar as
inconsistent with this chapter.
PRIOR PROVISIONS
Acts Feb. 20, 1905, ch. 592, Secs. 1, 2, 4, 33 Stat. 724, 725;
May 4, 1906, ch. 2081, Secs. 1, 3, 34 Stat. 168, 169; Feb. 18,
1909, ch. 144, 35 Stat. 628; Mar. 19, 1920, ch. 104, Secs. 1, 6, 41
Stat. 533, 535; Apr. 11, 1930, ch. 132, Sec. 4, 46 Stat. 155; June
20, 1936, ch. 617, 49 Stat. 1539; June 10, 1938, ch. 332, Secs. 1,
2, 3, 52 Stat. 638, 639.
AMENDMENTS
2002 - Subsec. (e). Pub. L. 107-273 substituted "a true copy, a
photocopy, a certification," for "a certification".
1999 - Subsec. (a). Pub. L. 106-113 substituted "Director" for
"Commissioner".
Pub. L. 106-43 substituted "trademarks" for "trade-marks".
Subsec. (e). Pub. L. 106-113 substituted "Director" for
"Commissioner".
1998 - Subsec. (d). Pub. L. 105-330, Sec. 108(1)(A), in
introductory provisions, substituted "or 1091 of this title or
under subsection (e) of this section" for "1091 of this title, or
subsection (e) of this section".
Subsec. (d)(3), (4). Pub. L. 105-330, Sec. 108(1)(B), made
technical amendment to reference in original act which appears in
text as reference to this subsection.
Subsec. (e). Pub. L. 105-330, Sec. 108(2), substituted "Such
applicant shall submit, within such time period as may be
prescribed by the Commissioner, a certification or a certified copy
of the registration in the country of origin of the applicant" for
"The application therefor shall be accompanied by a certification
or a certified copy of the registration in the country of origin of
the applicant".
1988 - Subsec. (a). Pub. L. 100-667, Sec. 133(2), substituted
"required in this chapter" for "herein prescribed".
Subsec. (c). Pub. L. 100-667, Sec. 133(1), made technical
amendment in two places to references in the original act to
subsection (b) of this section, resulting in no change in text.
Subsec. (d). Pub. L. 100-667, Sec. 133(1), (3), (4), (5), in
introductory provisions, made technical amendment in two places to
references in the original act to subsection (b) of this section,
resulting in no change in text, and substituted "section 1051,
1053, 1054, or 1091 of this title, or subsection (e) of this
section" for "sections 1051, 1052, 1053, 1054, or 1091 of this
title", in par. (2), substituted "including a statement that the
applicant has a bona fide intention to use the mark in commerce"
for "but use in commerce need not be alleged", and in par. (3),
substituted "foreign" for "foreing".
Subsec. (e). Pub. L. 100-667, Sec. 133(6), inserted at end "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."
Subsec. (f). Pub. L. 100-667, Sec. 133(1), (7), made technical
amendment to references in the original act to subsections (c),
(d), and (e) of this section and to subsection (b) of this section,
resulting in no change in text.
Subsecs. (g) to (i). Pub. L. 100-667, Sec. 133(1), (8), made
technical amendment to references in the original act to subsection
(b) of this section, resulting in no change in text.
1962 - Subsec. (b). Pub. L. 87-772 inserted "or extends
reciprocal rights to nationals of the United States by law," and
substituted provisions requiring the person's country of origin to
be a party to any convention or treaty, for provisions which
required such persons to be nationals of, domiciled in, or have a
bona fide and effective business or commercial establishment in a
foreign country which was a party to the International Convention
for the Protection of Industrial Property, or the General Inter-
American Convention for Trade Mark and Commercial Protection, or
any other convention or treaty relating to trademarks, trade, or
commercial names.
Subsec. (e). Pub. L. 87-772 inserted "certification or a" after
"accompanied by a" and struck out "application for or" before
"registration".
1961 - Subsec. (d). Pub. L. 87-333 inserted par. at end
authorizing the right provided by this section to be based upon a
subsequent application in the same foreign country, instead of the
first application, provided that any foreign application filed
prior to such subsequent one was withdrawn, or otherwise disposed
of, without having been open to public inspection and without
leaving any rights outstanding, nor any basis for claiming
priority.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
113, set out as a note under section 1 of Title 35, Patents.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-330 effective on the date that is 1 year
after Oct. 30, 1998, see section 110 of Pub. L. 105-330, set out as
a note under section 1051 of this title.
For provisions relating to applicability of amendment by Pub. L.
105-330 to applications for registration of trademarks, see section
109(b) of Pub. L. 105-330, set out as a note under section 1051 of
this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-667 effective one year after Nov. 16,
1988, see section 136 of Pub. L. 100-667, set out as a note under
section 1051 of this title.
EFFECTIVE DATE OF 1961 AMENDMENT
Section 3 of Pub. L. 87-333 provided that: "This Act [amending
this section and section 119 of Title 35, Patents] 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 shall apply 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."
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
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, Secs. 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.