§ 1112. Classification of goods and services; registration in plurality of classes

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. 1946

   Pub. L. 79–540 · 60 Stat. 427

   Enacted · 15 U.S.C. § 1112

   July 5, 1946, ch. 540, title IV, § 30, 60 Stat. 436

   Source evidence

   Code source credit
   July 5, 1946, ch. 540, title IV, § 30, 60 Stat. 436

2. 1962

   Pub. L. 87–772 § 16 · 76 Stat. 769

   Substituted · 15 U.S.C. § 1112

   Pub. L. 87–772, among other changes, substituted “may” for “shall”

   Source evidence

   Code amendment note
   Pub. L. 87–772, among other changes, substituted “may” for “shall”.

   Enacted provision · exact public law section
   Sec. 16. Section 30 is amended by striking the word “shall” in the 15 USC 1112. first sentence and inserting in lieu thereof the word “may”; and by striking therefrom all of said section except the first sentence thereof and inserting in lieu thereof the following: “The applicant may file an application to register a mark for any or all of the goods and services upon or in connection with which he is actually using the mark: Provided, That when such goods or services fall within a plurality of classes, a fee equaling the sum of the fees for filing an application in each class shall be paid, and the Commissioner may issue a single certificate of registration for such mark.”

3. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   Substituted · 15 U.S.C. § 1112

   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”

   Source evidence

   Code amendment note
   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

   Enacted provision · exact public law section
   Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they 35 USC 1 et seq. appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.

4. 1988

   Trademark Law Revision Act of 1988

   Pub. L. 100–667 title I § 126 · 102 Stat. 3935

   1. Inserted · 15 U.S.C. § 1112

      Pub. L. 100–667 inserted “or registrant’s” after “applicant’s”

   2. Substituted · 15 U.S.C. § 1112

      Pub. L. 100–667 substituted “may apply” for “may file an application”

   3. Substituted · 15 U.S.C. § 1112

      Pub. L. 100–667 substituted “goods or services on or in connection with which he or she is using or has a bona fide intention to use the mark in commerce:” for “goods and services upon or in connection with which he is actually using the mark:”

   4. Substituted · 15 U.S.C. § 1112

      Pub. L. 100–667 substituted “Provided, That if the Commissioner by regulation permits the filing of an application for the registration of a mark for goods or services which fall” for “Provided, That when such goods or services fall”

   Source evidence

   Code amendment note
   Pub. L. 100–667 inserted “or registrant’s” after “applicant’s” and substituted “may apply” for “may file an application”, “goods or services on or in connection with which he or she is using or has a bona fide intention to use the mark in commerce:” for “goods and services upon or in connection with which he is actually using the mark:”, and “Provided, That if the Commissioner by regulation permits the filing of an application for the registration of a mark for goods or services which fall” for “Provided, That when such goods or services fall”.

   Enacted provision · exact public law section
   SEC. 126. CLASSIFICATION OF GOODS AND SERVICES. Section 30 (15 U.S.C. 1112) is amended— (1) by inserting “or registrant’s” after “applicant’s”; (2) by striking out “may file an application” and inserting in lieu thereof “may apply”; (3) by striking out “goods and services upon or in connection with which he is actually using the mark:” and inserting in lieu thereof “goods or services on or in connection with which he or she is using or has a bona fide intention to use the mark in commerce:”, and (4) by amending the proviso to read as follows: “Provided, That if the Commissioner by regulation permits the filing of an application for the registration of a mark for goods or services which fall within a plurality of classes, a fee equaling the sum of the fees for filing an application in each class shall be paid, and the Commissioner may issue a single certificate of registration for such mark.”.

5. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(b)(1)(B) · 113 Stat. 1501

   Substituted · 15 U.S.C. § 1112

   Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing.

   Effective date note
   Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

6 of 8 references resolved to an enrolled provision · 2 partial