Notes on trademarks : US Code - Notes

Search Notes on trademarks : US Code - Notes

SUBCHAPTER I - THE PRINCIPAL REGISTER
Sec.
1051. Application for registration; verification.
(a) Application for use of trademark.
(b) Application for bona fide intention to use
trademark.
(c) Amendment of application under subsection (b)
to conform to requirements of subsection (a).
(d) Verified statement that trademark is used in
commerce.
(e) Designation of resident for service of process
and notices.
1052. Trademarks registrable on principal register;
concurrent registration.
1053. Service marks registrable.
1054. Collective marks and certification marks registrable.
1055. Use by related companies affecting validity and
registration.
1056. Disclaimer of unregistrable matter.
(a) Compulsory and voluntary disclaimers.
(b) Prejudice of rights.
1057. Certificates of registration.
(a) Issuance and form.
(b) Certificate as prima facie evidence.
(c) Application to register mark considered
constructive use.
(d) Issuance to assignee.
(e) Surrender, cancellation, or amendment by
registrant.
(f) Copies of Patent and Trademark Office records
as evidence.
(g) Correction of Patent and Trademark Office
mistake.
(h) Correction of applicant's mistake.
1058. Duration.
(a) In general.
(b) Affidavit of continuing use.
(c) Grace period for submissions; deficiency.
(d) Notice of affidavit requirement.
(e) Notification of acceptance or refusal of
affidavits.
(f) Designation of resident for service of process
and notices.
1059. Renewal of registration.
(a) Period of renewal; time for renewal.
(b) Notification of refusal of renewal.
(c) Designation of resident for service of process
and notices.
1060. Assignment.
1061. Execution of acknowledgments and verifications.
1062. Publication.
(a) Examination and publication.
(b) Refusal of registration; amendment of
application; abandonment.
(c) Republication of marks registered under prior
acts.
1063. Opposition to registration.
1064. Cancellation of registration.
1065. Incontestability of right to use mark under certain
conditions.
1066. Interference; declaration by Director.
1067. Interference, opposition, and proceedings for
concurrent use registration or for cancellation;
notice; Trademark Trial and Appeal Board.
1068. Action of Director in interference, opposition, and
proceedings for concurrent use registration or for
cancellation.
1069. Application of equitable principles in inter partes
proceedings.
1070. Appeals to Trademark Trial and Appeal Board from
decisions of examiners.
1071. Appeal to courts.
(a) Persons entitled to appeal; United States Court
of Appeals for the Federal Circuit; waiver of
civil action; election of civil action by
adverse party; procedure.
(b) Civil action; persons entitled to; jurisdiction
of court; status of Director; procedure.
1072. Registration as constructive notice of claim of
ownership.

SUBCHAPTER II - THE SUPPLEMENTAL REGISTER
1091. Supplemental register.
(a) Marks registerable.
(b) Application and proceedings for registration.
(c) Nature of mark.
1092. Publication; not subject to opposition; cancellation.
1093. Registration certificates for marks on principal and
supplemental registers to be different.
1094. Provisions of chapter applicable to registrations on
supplemental register.
1095. Registration on principal register not precluded.
1096. Registration on supplemental register not used to stop
importations.

SUBCHAPTER III - GENERAL PROVISIONS
1111. Notice of registration; display with mark; recovery of
profits and damages in infringement suit.
1112. Classification of goods and services; registration in
plurality of classes.
1113. Fees.
(a) Applications; services; materials.
(b) Waiver; Indian products.
1114. Remedies; infringement; innocent infringement by
printers and publishers.
1115. Registration on principal register as evidence of
exclusive right to use mark; defenses.
(a) Evidentiary value; defenses.
(b) Incontestability; defenses.
1116. Injunctive relief.
(a) Jurisdiction; service.
(b) Transfer of certified copies of court papers.
(c) Notice to Director.
(d) Civil actions arising out of use of counterfeit
marks.
1117. Recovery for violation of rights.
(a) Profits; damages and costs; attorney fees.
(b) Treble damages for use of counterfeit mark.
(c) Statutory damages for use of counterfeit marks.
(d) Statutory damages for violation of section
1125(d)(1).
(e) Rebuttable presumption of willful violation.
1118. Destruction of infringing articles.
1119. Power of court over registration.
1120. Civil liability for false or fraudulent registration.
1121. Jurisdiction of Federal courts; State and local
requirements that registered trademarks be altered or
displayed differently; prohibition.
1121a. Transferred.
1122. Liability of United States and States, and
instrumentalities and officials thereof.
(a) Waiver of sovereign immunity by the United
States.
(b) Waiver of sovereign immunity by States.
(c) Remedies.
1123. Rules and regulations for conduct of proceedings in
Patent and Trademark Office.
1124. Importation of goods bearing infringing marks or names
forbidden.
1125. False designations of origin, false descriptions, and
dilution forbidden.
(a) Civil action.
(b) Importation.
(c) Remedies for dilution of famous marks.
(d) Cyberpiracy prevention.
1126. International conventions.
(a) Register of marks communicated by international
bureaus.
(b) Benefits of section to persons whose country of
origin is party to convention or treaty.
(c) Prior registration in country of origin;
country of origin defined.
(d) Right of priority.
(e) Registration on principal or supplemental
register; copy of foreign registration.
(f) Domestic registration independent of foreign
registration.
(g) Trade or commercial names of foreign nationals
protected without registration.
(h) Protection of foreign nationals against unfair
competition.
(i) Citizens or residents of United States entitled
to benefits of section.
1127. Construction and definitions; intent of chapter.
1128. National Intellectual Property Law Enforcement
Coordination Council.
(a) Establishment.
(b) Duties.
(c) Consultation required.
(d) Non-derogation.
(e) Report.
(f) Funding.
1129. Cyberpiracy protections for individuals.

SUBCHAPTER IV - THE MADRID PROTOCOL
1141. Definitions.
1141a. International applications based on United States
applications or registrations.
(a) In general.
(b) Qualified owners.
1141b. Certification of the international application.
(a) Certification procedure.
(b) Transmittal.
1141c. Restriction, abandonment, cancellation, or expiration
of a basic application or basic registration.
1141d. Request for extension of protection subsequent to
international registration.
1141e. Extension of protection of an international
registration to the United States under the Madrid
Protocol.
(a) In general.
(b) If the United States is office of origin.
1141f. Effect of filing a request for extension of protection
of an international registration to the United
States.
(a) Requirement for request for extension of
protection.
(b) Effect of proper filing.
1141g. Right of priority for request for extension of
protection to the United States.
1141h. Examination of and opposition to request for extension
of protection; notification of refusal.
(a) Examination and opposition.
(b) Notification of refusal.
(c) Notice to International Bureau.
(d) Designation of agent for service of process.
1141i. Effect of extension of protection.
(a) Issuance of extension of protection.
(b) Effect of extension of protection.
1141j. Dependence of extension of protection to the United
States on the underlying international registration.
(a) Effect of cancellation of international
registration.
(b) Effect of failure to renew international
registration.
(c) Transformation of an extension of protection
into a United States application.
1141k. Affidavits and fees.
(a) Required affidavits and fees.
(b) Contents of affidavit.
(c) Notification.
(d) Service of notice or process.
1141l. Assignment of an extension of protection.
1141m. Incontestability.
1141n. Rights of extension of protection.

EFFECTIVE DATE
This chapter, act July 5, 1946, ch. 540, 60 Stat. 427, became
effective one year from July 5, 1946, and repealed chapter 3 of
this title as of that date. See notes under section 1051 of this
title.

PRIOR LAWS
The Trade-Mark Act of 1905 superseded the Trade-Mark Act of Mar.
3, 1881, ch. 138, 21 Stat. 502, entitled "An Act to authorize the
registration of trade-marks and protect the same," and also act
Aug. 5, 1882, ch. 393, 22 Stat. 298, entitled "An Act relating to
the registration of trade marks". Former section 109 of this title
repealed all inconsistent acts and parts of acts, except so far as
they might apply to certificates of registration issued under the
Trade-Mark Act of Mar. 3, 1881, ch. 138, and act Aug. 5, 1882, ch.
393.