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Title 15 — Commerce and Trade

Chapter 22 — Trademarks

§ 1055. Use by related companies affecting validity and registration

Statutory text

Where a registered mark or a mark sought to be registered is or may be used legitimately by related companies, such use shall inure to the benefit of the registrant or applicant for registration, and such use shall not affect the validity of such mark or of its registration, provided such mark is not used in such manner as to deceive the public. If first use of a mark by a person is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be.

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. § 1055

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

    Source evidence

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

  2. Trademark Law Revision Act of 1988

    Pub. L. 100–667 title I § 107 · 102 Stat. 3935

    Inserted · 15 U.S.C. § 1055

    Pub. L. 100–667 inserted at end “If first use of a mark by a person is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be.”

    Source evidence

    Code amendment note
    Pub. L. 100–667 inserted at end “If first use of a mark by a person is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be.”

    Enacted provision · exact public law section
    SEC. 107. USE BY RELATED COMPANIES. Section 5 (15 U.S.C. 1055) is amended by adding at the end thereof the following: “If first use of a mark by a person is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be”.

    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.

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

Editorial Notes

Amendments

1988—Pub. L. 100–667 inserted at end “If first use of a mark by a person is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be.”

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.

Credits

1946–1988 · 2 acts
  1. 1946July 5, 1946, ch. 540, title I, § 5, 60 Stat. 429
  2. 1988Pub. L. 100–667, title I, § 107, , 102 Stat. 3938.
Show as published

(July 5, 1946, ch. 540, title I, § 5, 60 Stat. 429; Pub. L. 100–667, title I, § 107, , 102 Stat. 3938.)

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/s1055