Title 15 — Commerce and Trade
Chapter 22 — Trademarks
§ 1111. Notice of registration; display with mark; recovery of profits and damages in infringement suit
Statutory text
Notwithstanding the provisions of section 1072 of this title, a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.
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. § 1111
July 5, 1946, ch. 540, title III, § 29, 60 Stat. 436
Source evidence
Code source credit
July 5, 1946, ch. 540, title III, § 29, 60 Stat. 436Pub. L. 87–772 § 15 · 76 Stat. 769
Substituted · 15 U.S.C. § 1111
Pub. L. 87–772 substituted “in the Patent Office, may” for “under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register established by this chapter, shall”
Substituted · 15 U.S.C. § 1111
Pub. L. 87–772 substituted “to give such notice of registration,” for “so to mark goods bearing the registered mark, or by a registrant under the Act of March 19, 1920, or by the registrant of a mark on the supplemental register provided by this chapter”
Source evidence
Code amendment note
Pub. L. 87–772 substituted “in the Patent Office, may” for “under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register established by this chapter, shall”, and “to give such notice of registration,” for “so to mark goods bearing the registered mark, or by a registrant under the Act of March 19, 1920, or by the registrant of a mark on the supplemental register provided by this chapter”.Enacted provision · exact public law section
Sec. 15. Section 29 is amended by deleting the following: “under 15 USC 1111. 21 Stat. 502. 33 Stat. 724. 15 USC 81 note. the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register established by this Act, shall” and inserting in lieu thereof the following: “in the Patent Office, may”; and by deleting “so to mark goods bearing the registered mark, or by a registrant under the Act of March 19, 1920, or by the registrant of a mark on the 41 Stat. 533. 15 USC 81 note. supplemental register provided by this Act” and inserting in lieu thereof “to give such notice of registration,”.Pub. L. 93–596 · 88 Stat. 1949
Substituted · 15 U.S.C. § 1111
Pub. L. 93–596 substituted “Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent and Trademark Office’ or ‘Reg. U.S. Pat. & Tm. Off.’ ” for “Patent Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent Office’ or ‘Reg. U.S. Pat. Off.’ ”
Source evidence
Code amendment note
Pub. L. 93–596 substituted “Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent and Trademark Office’ or ‘Reg. U.S. Pat. & Tm. Off.’ ” for “Patent Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent Office’ or ‘Reg. U.S. Pat. Off.’ ”.Trademark Law Revision Act of 1988
Pub. L. 100–667 title I § 125 · 102 Stat. 3935
Struck · 15 U.S.C. § 1111
Pub. L. 100–667 struck out “as used” after “with the mark”
Source evidence
Code amendment note
Pub. L. 100–667 struck out “as used” after “with the mark”.Enacted provision · exact public law section
SEC. 125. NOTICE OF REGISTRATION. Section 29 (15 U.S.C. 1111) is amended by striking out “as used”.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 of 5 references resolved to an enrolled provision · 2 partial
Editorial Notes
Prior Provisions
Acts Feb. 20, 1905, ch. 592, § 28, 33 Stat. 730; Mar. 19, 1920, ch. 104, §§ 5, 6, 41 Stat. 534, 535.
Amendments1962–1988 · 3 rounds
1988
Pub. L. 100–667 struck out “as used” after “with the mark”.
1975
Pub. L. 93–596 substituted “Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent and Trademark Office’ or ‘Reg. U.S. Pat. & Tm. Off.’ ” for “Patent Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent Office’ or ‘Reg. U.S. Pat. Off.’ ”.
1962
Pub. L. 87–772 substituted “in the Patent Office, may” for “under the Act of , or the Act of , or on the principal register established by this chapter, shall”, and “to give such notice of registration,” for “so to mark goods bearing the registered mark, or by a registrant under the Act of , or by the registrant of a mark on the supplemental register provided by this chapter”.
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.
Effective Date of 1975 Amendment
Pub. L. 93–596, § 4, , 88 Stat. 1949, provided that: “This Act [amending this section, sections 1051, 1052, 1057, 1058, 1060, 1062, 1063, 1065, 1067, 1069, 1071, 1092, 1112, 1113, 1116 to 1120, 1123, and 1127 of this title, and sections 2 to 4, 6 to 8, 10, 11, 21 to 26, 31 to 33, 41, 104, 119, 121, 122, 135, 142 to 144, 146, 152, 153, 253 to 255, 261, 288, and 293 of Title 35, Patents, and enacting provisions set out as a note under section 1 of title 35] shall become effective upon enactment []. However, any registrant may continue to give notice of his registration in accordance with section 29 of the Trademark Act of 1946 (60 Stat. 427), as amended (76 Stat. 769) [this section], as an alternative to notice in accordance with section 29 of the Trademark Act as amended by section 2 of this Act, regardless of whether his mark was registered before or after the effective date of this Act.”
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 · 4 acts
- 1946July 5, 1946, ch. 540, title III, § 29, 60 Stat. 436
- 1962Pub. L. 87–772, § 15, , 76 Stat. 773
- 1975Pub. L. 93–596, §§ 1, 2, , 88 Stat. 1949
- 1988Pub. L. 100–667, title I, § 125, , 102 Stat. 3943.
Show as published
(July 5, 1946, ch. 540, title III, § 29, 60 Stat. 436; Pub. L. 87–772, § 15, , 76 Stat. 773; Pub. L. 93–596, §§ 1, 2, , 88 Stat. 1949; Pub. L. 100–667, title I, § 125, , 102 Stat. 3943.)