Title 15 — Commerce and Trade
Chapter 22 — Trademarks
§ 1054. Collective marks and certification marks registrable
Statutory text
Subject to the provisions relating to the registration of trademarks, so far as they are applicable, collective and certification marks, including indications of regional origin, shall be registrable under this chapter, in the same manner and with the same effect as are trademarks, by persons, and nations, States, municipalities, and the like, exercising legitimate control over the use of the marks sought to be registered, even though not possessing an industrial or commercial establishment, and when registered they shall be entitled to the protection provided in this chapter in the case of trademarks, except in the case of certification marks when used so as to represent falsely that the owner or a user thereof makes or sells the goods or performs the services on or in connection with which such mark is used. 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.
Pub. L. 79–540 · 60 Stat. 427
Enacted · 15 U.S.C. § 1054
July 5, 1946, ch. 540, title I, § 4, 60 Stat. 429
Source evidence
Code source credit
July 5, 1946, ch. 540, title I, § 4, 60 Stat. 429Trademark Law Revision Act of 1988
Pub. L. 100–667 title I § 106 · 102 Stat. 3935
Substituted · 15 U.S.C. § 1054
Pub. L. 100–667 substituted “origin,” for “origin used in commerce,”
Substituted · 15 U.S.C. § 1054
Pub. L. 100–667 substituted “except in the case of certification marks when” for “except when”
Struck · 15 U.S.C. § 1054
Pub. L. 100–667 struck out after first sentence “The Commissioner may establish a separate register for such collective marks and certification marks.”
Source evidence
Code amendment note
Pub. L. 100–667 substituted “origin,” for “origin used in commerce,” and “except in the case of certification marks when” for “except when” and struck out after first sentence “The Commissioner may establish a separate register for such collective marks and certification marks.”Enacted provision · exact public law section
SEC. 106. COLLECTIVE AND CERTIFICATION MARKS REGISTRABLE. Section 4 (15 U.S.C. 1054) is amended— (1) in the first sentence— (A) by striking out “origin used in commerce,” and inserting in lieu thereof “origin,”; and (B) by striking out “except when” and inserting in lieu thereof “except in the case of certification marks when”; 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.Trademark Amendments Act of 1999
Pub. L. 106–43 § 6(b) · 113 Stat. 218
Substituted · 15 U.S.C. § 1054
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”.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Acts Feb. 20, 1905, ch. 592, § 1, 33 Stat. 724; May 4, 1906, ch. 2081, § 1, 34 Stat. 168; Feb. 18, 1909, ch. 144, 35 Stat. 628; Apr. 11, 1930, ch. 132, § 4, 46 Stat. 155; June 10, 1938, ch. 332, § 1, 52 Stat. 638.
Amendments1988–1999 · 2 rounds
1999
Pub. L. 106–43 substituted “trademarks” for “trade-marks” wherever appearing.
1988
Pub. L. 100–667 substituted “origin,” for “origin used in commerce,” and “except in the case of certification marks when” for “except when” and struck out after first sentence “The Commissioner may establish a separate register for such collective marks and certification 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
- 1946July 5, 1946, ch. 540, title I, § 4, 60 Stat. 429
- 1988Pub. L. 100–667, title I, § 106, , 102 Stat. 3938
- 1999Pub. L. 106–43, § 6(b), , 113 Stat. 220.
Show as published
(July 5, 1946, ch. 540, title I, § 4, 60 Stat. 429; Pub. L. 100–667, title I, § 106, , 102 Stat. 3938; Pub. L. 106–43, § 6(b), , 113 Stat. 220.)