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Title 15 — Commerce and Trade

Chapter 22 — Trademarks

§ 1053. Service marks registrable

Statutory text

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 in this chapter 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 79–540 · 60 Stat. 427

    Enacted · 15 U.S.C. § 1053

    July 5, 1946, ch. 540, title I, § 3, 60 Stat. 429

    Source evidence

    Code source credit
    July 5, 1946, ch. 540, title I, § 3, 60 Stat. 429

  2. Trademark Law Revision Act of 1988

    Pub. L. 100–667 title I § 105 · 102 Stat. 3935

    Struck · 15 U.S.C. § 1053

    Pub. L. 100–667 struck out “used in commerce” after “applicable, service marks” and “, except when used so as to represent falsely that the owner thereof makes or sells the goods on which such mark is used. The Commissioner may establish a separate register for such service marks” after “case of trade-marks”

    Source evidence

    Code amendment note
    Pub. L. 100–667 struck out “used in commerce” after “applicable, service marks” and “, except when used so as to represent falsely that the owner thereof makes or sells the goods on which such mark is used. The Commissioner may establish a separate register for such service marks” after “case of trade-marks”.

    Enacted provision · exact public law section
    SEC. 105. SERVICE MARKS REGISTRABLE. Section 3 (15 U.S.C. 1053) is amended— (1) in the first sentence— (A) by striking out “used in commerce”; and (B) by striking out “, except when” and all that follows through “mark is used”; and (2) by striking out the second sentence.

    Effective date note
    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.

  3. Trademark Amendments Act of 1999

    Pub. L. 106–43 § 6(b) · 113 Stat. 218

    Substituted · 15 U.S.C. § 1053

    Pub. L. 106–43 substituted “trademarks” for “trade-marks” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 106–43 substituted “trademarks” for “trade-marks” wherever appearing.

    Enacted provision · exact public law section
    (b) Additional Clerical Amendments.— The text and title 15 USC 1051 note, 1053, 1054, 1091, 1124, 1126, 1127. of the Trademark Act of 1946 are amended by striking “trademarks” each place it appears and inserting “trademarks”.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1988–1999 · 2 rounds

1999

Pub. L. 106–43 substituted “trademarks” for “trade-marks” wherever appearing.

1988

Pub. L. 100–667 struck out “used in commerce” after “applicable, service marks” and “, except when used so as to represent falsely that the owner thereof makes or sells the goods on which such mark is used. The Commissioner may establish a separate register for such service marks” after “case of trade-marks”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–667 effective one year after , see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title.

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.

Executive Documents

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, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.

Credits

1946–1999 · 3 acts
  1. 1946July 5, 1946, ch. 540, title I, § 3, 60 Stat. 429
  2. 1988Pub. L. 100–667, title I, § 105, , 102 Stat. 3938
  3. 1999Pub. L. 106–43, § 6(b), , 113 Stat. 220.
Show as published

(July 5, 1946, ch. 540, title I, § 3, 60 Stat. 429; Pub. L. 100–667, title I, § 105, , 102 Stat. 3938; Pub. L. 106–43, § 6(b), , 113 Stat. 220.)

Parsed from the official OLRC USLM XML in data/usc_all/usc15.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t15/s1053