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