15 U.S.C. ch. 22 — Trademarks (Lanham Act, §§ 1051–1141n)

Examination of and opposition to request for extension of protection; notification of refusal

— Examination of and opposition to request for extension of protection; notification of refusal (a) Examination and opposition (1) A request for extension of…

Disclaimer of unregistrable matter

— Disclaimer of unregistrable matter (a) Compulsory and voluntary disclaimers The Director may require the applicant to disclaim an unregistrable component of…

Interference; declaration by Director

— Interference; declaration by Director Upon petition showing extraordinary circumstances, the Director may declare that an interference exists when…

Cancellation of registration

— Cancellation of registration A petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be…

Duration, affidavits and fees

— Duration, affidavits and fees (a) Time periods for required affidavits Each registration shall remain in force for 10 years, except that the registration of…

Application for registration; verification

— Application for registration; verification (a) Application for use of trademark (1) The owner of a trademark used in commerce may request registration of its…

Construction and definitions; intent of chapter

— Construction and definitions; intent of chapter In the construction of this chapter, unless the contrary is plainly apparent from the context— The United…

Assignment

— 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…

Incontestability

— 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…

Certificates of registration

— Certificates of registration (a) Issuance and form Certificates of registration of marks registered upon the principal register shall be issued in the name…

Duration, affidavits and fees

— Duration, affidavits and fees (a) Time periods for required affidavits Each extension of protection for which a certificate has been issued under section…

Certification of the international application

— Certification of the international application (a) Certification procedure Upon the filing of an application for international registration and payment of…

Civil liability for false or fraudulent registration

— Civil liability for false or fraudulent registration Any person who shall procure registration in the Patent and Trademark Office of a mark by a false or…

Importation of goods bearing infringing marks or names forbidden

— Importation of goods bearing infringing marks or names forbidden Except as provided in subsection (d) of section 1526 of title 19 , no article of imported…

Supplemental register

— Supplemental register (a) Marks registerable In addition to the principal register, the Director shall keep a continuation of the register provided in…

Right of priority for request for extension of protection to the United States

— 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…

Classification of goods and services; registration in plurality of classes

— Classification of goods and services; registration in plurality of classes The Director may establish a classification of goods and services, for convenience…

Appeal to courts

— 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…

Registration on principal register not precluded

— Registration on principal register not precluded Registration of a mark on the supplemental register, or under the Act of March 19, 1920 , shall not preclude…

International applications based on United States applications or registrations

— International applications based on United States applications or registrations (a) In general The owner of a basic application pending before the United…

Effect of filing a request for extension of protection of an international registration to the United States

— Effect of filing a request for extension of protection of an international registration to the United States (a) Requirement for request for extension of…

Rights of extension of protection

— Rights of extension of protection When a United States registration and a subsequently issued certificate of extension of protection to the United States are…

Ex parte reexamination

— Ex parte reexamination (a) Petition for reexamination Any person may file a petition to reexamine a registration of a mark on the basis that the mark was not…

Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board

— Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board (a) In every case of…

Registration as constructive notice of claim of ownership

— Registration as constructive notice of claim of ownership Registration of a mark on the principal register provided by this chapter or under the Act of March…

Request for extension of protection subsequent to international registration

— Request for extension of protection subsequent to international registration The holder of an international registration that is based upon a basic…

Ex parte expungement

— Ex parte expungement (a) Petition Notwithstanding sections 1057(b) and 1072 of this title, and subsections (a) and (b) of section 1115 of this title , any…

International conventions

— International conventions (a) Register of marks communicated by international bureaus The Director shall keep a register of all marks communicated to him by…

Collective marks and certification marks registrable

— Collective marks and certification marks registrable Subject to the provisions relating to the registration of trademarks, so far as they are applicable…

Service marks registrable

— Service marks registrable Subject to the provisions relating to the registration of trademarks, so far as they are applicable, service marks shall be…

Trademarks registrable on principal register; concurrent registration

— Trademarks registrable on principal register; concurrent registration No trademark by which the goods of the applicant may be distinguished from the goods of…

Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation

— Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation In such proceedings the Director may…

Incontestability of right to use mark under certain conditions

— Incontestability of right to use mark under certain conditions Except on a ground for which application to cancel may be filed at any time under paragraphs…

Use by related companies affecting validity and registration

— Use by related companies affecting validity and registration Where a registered mark or a mark sought to be registered is or may be used legitimately by…

Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition

— Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition (a) The district and…

Rules and regulations for conduct of proceedings in Patent and Trademark Office

— Rules and regulations for conduct of proceedings in Patent and Trademark Office The Director shall make rules and regulations, not inconsistent with law, for…

Opposition to registration

— Opposition to registration (a) Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the…

Injunctive relief

— Injunctive relief (a) Jurisdiction; service The several courts vested with jurisdiction of civil actions arising under this chapter shall have power to grant…

Definitions

— Definitions In this subchapter: (1) Basic application The term “basic application” means the application for the registration of a mark that has been filed…

Fees

— Fees (a) Applications; services; materials The Director shall establish fees for the filing and processing of an application for the registration of a…

Effect of extension of protection

— 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…

False designations of origin, false descriptions, and dilution forbidden

— 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…

Liability of United States and States, and instrumentalities and officials thereof

— Liability of United States and States, and instrumentalities and officials thereof (a) Waiver of sovereign immunity by the United States The United States…

Publication; not subject to opposition; cancellation

— Publication; not subject to opposition; cancellation Marks for the supplemental register shall not be published for or be subject to opposition, but shall be…

Execution of acknowledgments and verifications

— Execution of acknowledgments and verifications Acknowledgments and verifications required under this chapter may be made before any person within the United…

Power of court over registration

— Power of court over registration In any action involving a registered mark the court may determine the right to registration, order the cancelation of…

Remedies; infringement; innocent infringement by printers and publishers

— Remedies; infringement; innocent infringement by printers and publishers (1) Any person who shall, without the consent of the registrant— (a) use in commerce…

Notice of registration; display with mark; recovery of profits and damages in infringement suit

— Notice of registration; display with mark; recovery of profits and damages in infringement suit Notwithstanding the provisions of section 1072 of this title…

Registration certificates for marks on principal and supplemental registers to be different

— Registration certificates for marks on principal and supplemental registers to be different The certificates of registration for marks registered on the…

Registration on supplemental register not used to stop importations

— Registration on supplemental register not used to stop importations Registration on the supplemental register or under the Act of March 19, 1920 , shall not…

Assignment of an extension of protection

— 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…

Publication

— Publication (a) Examination and publication Upon the filing of an application for registration and payment of the prescribed fee, the Director shall refer…

Restriction, abandonment, cancellation, or expiration of a basic application or basic registration

— Restriction, abandonment, cancellation, or expiration of a basic application or basic registration With respect to an international application transmitted…

Dependence of extension of protection to the United States on the underlying international registration

— Dependence of extension of protection to the United States on the underlying international registration (a) Effect of cancellation of international…

Provisions of chapter applicable to registrations on supplemental register

— Provisions of chapter applicable to registrations on supplemental register The provisions of this chapter shall govern so far as applicable applications for…

Registration on principal register as evidence of exclusive right to use mark; defenses

— Registration on principal register as evidence of exclusive right to use mark; defenses (a) Evidentiary value; defenses Any registration issued under the Act…

Appeals to Trademark Trial and Appeal Board from decisions of examiners

— Appeals to Trademark Trial and Appeal Board from decisions of examiners An appeal may be taken to the Trademark Trial and Appeal Board from any final…

Renewal of registration

— Renewal of registration (a) Period of renewal; time for renewal Subject to the provisions of section 1058 of this title , each registration may be renewed…

Recovery for violation of rights

— Recovery for violation of rights (a) Profits; damages and costs; attorney fees When a violation of any right of the registrant of a mark registered in the…

Extension of protection of an international registration to the United States under the Madrid Protocol

— Extension of protection of an international registration to the United States under the Madrid Protocol (a) In general Subject to the provisions of section…

Application of equitable principles in inter partes proceedings

— Application of equitable principles in inter partes proceedings In all inter partes proceedings equitable principles of laches, estoppel, and acquiescence…

Destruction of infringing articles

— 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…

Dependence of extension of protection to the United States on the underlying international registration

— Dependence of extension of protection to the United States on the underlying international registration (4) of the Madrid Protocol, may file an application…

Ex parte reexamination

— Ex parte reexamination (3) include a verified statement that sets forth— (A) the elements of the reasonable investigation the petitioner conducted to…

Duration, affidavits and fees

— Duration, affidavits and fees (1) (A) state that the mark is in use in commerce; (B) set forth the goods and services recited in the extension of protection…

Certificates of registration

— Certificates of registration constitute constructive use of the mark, conferring a right of priority, nationwide in effect, on or in connection with the…

Ex parte expungement

— Ex parte expungement (2), determine whether the petition sets forth a prima facie case of the mark having never been used in commerce on or in connection…

Renewal of registration

— Renewal of registration last designation so filed. If the person so designated cannot be found at the address given in the last designation, or if the…

Appeal to courts

— Appeal to courts (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…

Remedies; infringement; innocent infringement by printers and publishers

— Remedies; infringement; innocent infringement by printers and publishers all agencies and instrumentalities thereof, and all individuals, firms…

Duration, affidavits and fees

— Duration, affidavits and fees (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…

Incontestability of right to use mark under certain conditions

— Incontestability of right to use mark under certain conditions (3) an affidavit is filed with the Director within one year after the expiration of any such…

Cancellation of registration

— Cancellation of registration (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…

Injunctive relief

— Injunctive relief or by any other United States district court in whose jurisdiction the defendant may be found. (b) Transfer of certified copies of court…

Publication

— Publication (1), the applicant shall have a period of 6 months in which to reply or amend the application, or such shorter time that is not less than 60…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden (3) In a civil action for trade dress infringement under this chapter for trade…

Trademarks registrable on principal register; concurrent registration

— Trademarks registrable on principal register; concurrent registration (9) of title 19 ) enters into force with respect to the United States. (b) Consists of…

Importation of goods bearing infringing marks or names forbidden

— Importation of goods bearing infringing marks or names forbidden the Secretary of the Treasury shall prescribe, and may furnish to the Department facsimiles…

Examination of and opposition to request for extension of protection; notification of refusal

— Examination of and opposition to request for extension of protection; notification of refusal (1) Within 18 months after the date on which the International…

Liability of United States and States, and instrumentalities and officials thereof

— Liability of United States and States, and instrumentalities and officials thereof 1116 of this title , actual damages, profits, costs and attorney’s fees…

Assignment

— Assignment (4) An assignment shall be void against any subsequent purchaser for valuable consideration without notice, unless the prescribed information…

International conventions

— International conventions give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of a mark…

Supplemental register

— Supplemental register (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…

Definitions

— Definitions (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”…

Application for registration; verification

— Application for registration; verification (3) The statement shall be verified by the applicant and specify that— (A) the person making the verification…

Construction and definitions; intent of chapter

— Construction and definitions; intent of chapter such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same…

Registration on principal register as evidence of exclusive right to use mark; defenses

— Registration on principal register as evidence of exclusive right to use mark; defenses the provisions of section 1059 of this title if the goods or services…

Recovery for violation of rights

— Recovery for violation of rights (1)(a) of this title or section 220506 of title 36 , in a case involving use of a counterfeit mark or designation (as…

Registration on principal register as evidence of exclusive right to use mark; defenses

— Registration on principal register as evidence of exclusive right to use mark; defenses (5) That the mark whose use by a party is charged as an infringement…

Duration, affidavits and fees

— Duration, affidavits and fees so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last…

Remedies; infringement; innocent infringement by printers and publishers

— Remedies; infringement; innocent infringement by printers and publishers (12) of title 18 , the remedies of the owner of the right infringed or person…

Publication

— Publication (1). (c) Republication of marks registered under prior acts A registrant of a mark registered under the provisions of the Act of March 3, 1881…

Examination of and opposition to request for extension of protection; notification of refusal

— Examination of and opposition to request for extension of protection; notification of refusal (2) is not sent to the International Bureau within the time…

Definitions

— Definitions (9) International Bureau The term “International Bureau” means the International Bureau of the World Intellectual Property Organization. (10)…

Certificates of registration

— Certificates of registration (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…

Trademarks registrable on principal register; concurrent registration

— Trademarks registrable on principal register; concurrent registration (1) the earliest of the filing dates of the applications pending or of any registration…

Recovery for violation of rights

— Recovery for violation of rights (2) of title 26 , beginning on the date of the service of the claimant’s pleadings setting forth the claim for such entry of…

Duration, affidavits and fees

— Duration, affidavits and fees (2) (A) set forth the goods and services recited in the extension of protection on or in connection with which the mark is not…

Application for registration; verification

— Application for registration; verification (1) A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a…

Ex parte reexamination

— Ex parte reexamination (3) and the general types of evidence that could support a prima facie case that the mark was not in use in commerce on or in…

Appeal to courts

— Appeal to courts (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…

Cancellation of registration

— Cancellation of registration (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…

International conventions

— International conventions (1) the application in the United States is filed within six months from the date on which the application was first filed in the…

Construction and definitions; intent of chapter

— Construction and definitions; intent of chapter (2) which a person has a bona fide intention to use in commerce and applies to register on the principal…

Injunctive relief

— Injunctive relief of the said registration or registrations and to incorporate the same as a part of the contents of said file wrapper. (d) Civil actions…

Ex parte expungement

— Ex parte expungement (3) of this title , need not be extendable to 6 months; (2) set limits governing the timing and number of petitions filed for a…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden (1), a mark is famous if it is widely recognized by the general consuming public of…

Injunctive relief

— Injunctive relief (1)(a) of this title or section 220506 of title 36 with respect to a violation that consists of using a counterfeit mark in connection with…

Application for registration; verification

— Application for registration; verification (3) The statement shall be verified by the applicant and specify— (A) that the person making the verification…

Ex parte expungement

— Ex parte expungement (3) define the relation of a proceeding under this section to other proceedings concerning the mark. (e) Registrant’s evidence of use A…

Cancellation of registration

— Cancellation of registration (5) shall be deemed to prohibit the registrant from using its certification mark in advertising or promoting recognition of the…

Construction and definitions; intent of chapter

— Construction and definitions; intent of chapter (2) which such cooperative, association, or other collective group or organization has a bona fide intention…

Recovery for violation of rights

— Recovery for violation of rights (1) of this title , the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover…

International conventions

— International conventions (4) nothing in this subsection shall entitle the owner of a registration granted under this section to sue for acts committed prior…

Duration, affidavits and fees

— Duration, affidavits and fees be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden (1), “dilution by blurring” is association arising from the similarity between a…

Appeal to courts

— Appeal to courts (1) Whenever a person authorized by subsection (a) of this section to appeal to the United States Court of Appeals for the Federal Circuit…

Definitions

— Definitions (17) Opposition period The term “opposition period” means the time allowed for filing an opposition in the United States Patent and Trademark…

Ex parte reexamination

— Ex parte reexamination (3) define the relation of a reexamination proceeding under this section to other proceedings concerning the mark. (f) Registrant’s…

Trademarks registrable on principal register; concurrent registration

— Trademarks registrable on principal register; concurrent registration (3) when used on or in connection with the goods of the applicant is primarily…

Remedies; infringement; innocent infringement by printers and publishers

— Remedies; infringement; innocent infringement by printers and publishers name registration authority that takes any action described under clause (ii)…

Certificates of registration

— Certificates of registration the United States Patent and Trademark Office relating to marks, and copies of registrations, when authenticated by the seal of…

Appeal to courts

— Appeal to courts (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…

Certificates of registration

— Certificates of registration of correction or, in his discretion, a new certificate upon the payment of the prescribed fee: Provided , That the correction…

Construction and definitions; intent of chapter

— Construction and definitions; intent of chapter (1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be…

Remedies; infringement; innocent infringement by printers and publishers

— Remedies; infringement; innocent infringement by printers and publishers section for the registration or maintenance of a domain name for another absent a…

Ex parte reexamination

— Ex parte reexamination (1) In general The Director may, on the Director’s own initiative, institute an ex parte reexamination proceeding if the Director…

Trademarks registrable on principal register; concurrent registration

— Trademarks registrable on principal register; concurrent registration (5) of this section, nothing in this chapter shall prevent the registration of a mark…

International conventions

— International conventions in the country of origin and the duration, validity, or transfer in the United States of such registration shall be governed by the…

Application for registration; verification

— Application for registration; verification (4) The applicant shall comply with such rules or regulations as may be prescribed by the Director. The Director…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden (3) Exclusions The following shall not be actionable as dilution by blurring or…

Ex parte expungement

— Ex parte expungement expunge was filed under subsection (a), or an ex parte expungement proceeding was instituted by the Director under subsection (h)…

Injunctive relief

— Injunctive relief (2) The court shall not receive an application under this subsection unless the applicant has given such notice of the application as is…

Ex parte expungement

— Ex parte expungement (1) When petition may be filed, ex parte expungement proceeding instituted A petition for ex parte expungement of a registration under…

Remedies; infringement; innocent infringement by printers and publishers

— Remedies; infringement; innocent infringement by printers and publishers (3) (A) Any person who engages in the conduct described in paragraph (11) of section…

Injunctive relief

— Injunctive relief (4) The court shall not grant such an application unless— (A) the person obtaining an order under this subsection provides the security…

Ex parte reexamination

— Ex parte reexamination (2) Estoppel With respect to a particular registration, for any goods or services previously subject to an instituted ex parte…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden (5) Additional remedies In an action brought under this subsection, the owner of the…

Application for registration; verification

— Application for registration; verification (2) of this title to an applicant under subsection (b) of this section, the applicant shall file in the Patent and…

Appeal to courts

— Appeal to courts (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…

Construction and definitions; intent of chapter

— Construction and definitions; intent of chapter (2) When any course of conduct of the owner, including acts of omission as well as commission, causes the…

Ex parte expungement

— Ex parte expungement (2) Estoppel With respect to a particular registration, for goods or services previously subject to an instituted expungement proceeding…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden (6) Ownership of valid registration a complete bar to action The ownership by a…

Construction and definitions; intent of chapter

— Construction and definitions; intent of chapter (1) of title 47 . Words used in the singular include the plural and vice versa. The intent of this chapter is…

Application for registration; verification

— Application for registration; verification (1). In addition to an extension under the preceding sentence, the Director may, upon a showing of good cause by…

Remedies; infringement; innocent infringement by printers and publishers

— Remedies; infringement; innocent infringement by printers and publishers (11) of section 110 of such title. (B) A manufacturer, licensee, or licensor of…

Injunctive relief

— Injunctive relief (5) An order under this subsection shall set forth— (A) the findings of fact and conclusions of law required for the order; (B) a…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden (1) (A) A person shall be liable in a civil action by the owner of a mark, including…

Application for registration; verification

— Application for registration; verification (1) and

Injunctive relief

— Injunctive relief (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…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden noncommercial or fair use of the mark in a site accessible under the domain name…

Application for registration; verification

— Application for registration; verification (2) for filing a statement of use. (e) Designation of resident for service of process and notices If the applicant…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden the meaning of subsection (c). (ii) Bad faith intent described under subparagraph…

Injunctive relief

— Injunctive relief (11) A person who suffers damage by reason of a wrongful seizure under this subsection has a cause of action against the applicant for the…

False designations of origin, false descriptions, and dilution forbidden

— False designations of origin, false descriptions, and dilution forbidden (2) (A) The owner of a mark may file an in rem civil action against a domain name in…