Title 15 — Commerce and Trade
Chapter 22 — Trademarks
§ 1120. Civil liability for false or fraudulent registration
Statutory text
Any person who shall procure registration in the Patent and Trademark Office of a mark by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages sustained in consequence thereof.
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. § 1120
July 5, 1946, ch. 540, title VI, § 38, 60 Stat. 440
Source evidence
Code source credit
July 5, 1946, ch. 540, title VI, § 38, 60 Stat. 440Pub. L. 93–596 § 1 · 88 Stat. 1949
Substituted · 15 U.S.C. § 1120
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.Effective date note
Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of this title.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Act Feb. 20, 1905, ch. 592, § 25, 33 Stat. 730.
Amendments
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date of 1975 Amendment
Amendment by Pub. L. 93–596 effective , see section 4 of Pub. L. 93–596, set out as a note under section 1111 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.
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
Credits
1946–1975 · 2 acts
- 1946July 5, 1946, ch. 540, title VI, § 38, 60 Stat. 440
- 1975Pub. L. 93–596, § 1, , 88 Stat. 1949.
Show as published
(July 5, 1946, ch. 540, title VI, § 38, 60 Stat. 440; Pub. L. 93–596, § 1, , 88 Stat. 1949.)