Title 15 — Commerce and Trade
Chapter 22 — Trademarks
§ 1095. Registration on principal register not precluded
Statutory text
Registration of a mark on the supplemental register, or under the Act of , shall not preclude registration by the registrant on the principal register established by this chapter. Registration of a mark on the supplemental register shall not constitute an admission that the mark has not acquired distinctiveness.
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. § 1095
July 5, 1946, ch. 540, title II, § 27, 60 Stat. 436
Source evidence
Code source credit
July 5, 1946, ch. 540, title II, § 27, 60 Stat. 436Trademark Law Revision Act of 1988
Pub. L. 100–667 title I § 124 · 102 Stat. 3935
Inserted · 15 U.S.C. § 1095
Pub. L. 100–667 inserted at end “Registration of a mark on the supplemental register shall not constitute an admission that the mark has not acquired distinctiveness.”
Source evidence
Code amendment note
Pub. L. 100–667 inserted at end “Registration of a mark on the supplemental register shall not constitute an admission that the mark has not acquired distinctiveness.”Enacted provision · exact public law section
SEC. 124. REGISTRATION ON PRINCIPAL REGISTER NOT PRECLUDED. Section 27 (15 U.S.C. 1095) is amended by adding at the end thereof the following: “Registration of a mark on the supplemental register shall not constitute an admission that the mark has not acquired distinctiveness.”.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
References in Text
Act of , referred to in text, is act Mar. 19, 1920, ch. 104, §§ 1–9, 41 Stat. 533, which was generally classified to sections 121 to 128 of this title, and which was repealed insofar as inconsistent with this chapter by act July 5, 1946, ch. 540, § 46(a), 60 Stat. 444.
Amendments
1988—Pub. L. 100–667 inserted at end “Registration of a mark on the supplemental register shall not constitute an admission that the mark has not acquired distinctiveness.”
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 II, § 27, 60 Stat. 436
- 1988Pub. L. 100–667, title I, § 124, , 102 Stat. 3943.
Show as published
(July 5, 1946, ch. 540, title II, § 27, 60 Stat. 436; Pub. L. 100–667, title I, § 124, , 102 Stat. 3943.)