Title 15 — Commerce and Trade
Chapter 22 — Trademarks
§ 1121. Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition
Statutory text
The district and territorial courts of the United States shall have original jurisdiction and the courts of appeal of the United States (other than the United States Court of Appeals for the Federal Circuit) shall have appellate jurisdiction, of all actions arising under this chapter, without regard to the amount in controversy or to diversity or lack of diversity of the citizenship of the parties.
No State or other jurisdiction of the United States or any political subdivision or any agency thereof may require alteration of a registered mark, or require that additional trademarks, service marks, trade names, or corporate names that may be associated with or incorporated into the registered mark be displayed in the mark in a manner differing from the display of such additional trademarks, service marks, trade names, or corporate names contemplated by the registered mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office.
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. § 1121
July 5, 1946, ch. 540, title VI, § 39, formerly §§ 39 and 39a, 60 Stat. 440
Source evidence
Code source credit
July 5, 1946, ch. 540, title VI, § 39, formerly §§ 39 and 39a, 60 Stat. 440Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 148 · 96 Stat. 25
Inserted · 15 U.S.C. § 1121
Pub. L. 97–164 inserted “(other than the United States Court of Appeals for the Federal Circuit)”
Source evidence
Code amendment note
Pub. L. 97–164 inserted “(other than the United States Court of Appeals for the Federal Circuit)”.Enacted provision · exact public law section
Sec. 148. trademark act Section 39 of the Trademark Act of 1946 (15 U.S.C. 1121) is amended by inserting “(other than the United States Court of Appeals for the Federal Circuit)” after “circuit courts of appeal of the United States”.Trademark Law Revision Act of 1988
Pub. L. 100–667 § 131(a) · 102 Stat. 3935
Amended · 15 U.S.C. § 1121(a)
Pub. L. 100–667, § 131(a), designated existing provisions as subsec. (a)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–667, § 131(a), designated existing provisions as subsec. (a).Enacted provision · exact public law section
(a) Jurisdiction of Courts.— Section 39 (15 U.S.C. 1121) is amended by inserting “(a)” after “Sec. 39.”.Trademark Law Revision Act of 1988
Pub. L. 100–667 § 131(b) · 102 Stat. 3935
Redesignated · 15 U.S.C. § 1121(b)
Pub. L. 100–667, § 131(b), redesignated section 1121a of this title as subsec. (b) of this section
Substituted · 15 U.S.C. § 1121(b)
Pub. L. 100–667, § 131(b), substituted “service marks” for “servicemarks” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–667, § 131(b), redesignated section 1121a of this title as subsec. (b) of this section and substituted “service marks” for “servicemarks” in two places.Enacted provision · exact public law section
(b) Certain Actions by States Precluded.— Section 39a (15 U.S.C. 1121a) is amended— (1) by striking out “Sec. 39a.” and inserting in lieu thereof “(b)”; and (2) by striking out “servicemarks” each place it appears and inserting in lieu thereof “service marks”.Pub. L. 105–330 title II § 201(a)(10) · 112 Stat. 3064
Substituted · 15 U.S.C. § 1121(a)
Pub. L. 105–330 substituted “courts” for “circuit courts” before “of appeal of the United States”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–330 substituted “courts” for “circuit courts” before “of appeal of the United States”.Enacted provision · exact public law section
(10) Section 39(a) (15 U.S.C. 1121(a)) is amended by striking “circuit courts” and inserting “courts”.Effective date note
Amendment by Pub. L. 105–330 effective Oct. 30, 1998, and applicable only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark, see section 201(b) of Pub. L. 105–330, set out as a note under section 1051 of this title.
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Pub. L. 100–667, § 131(b)(1), transferred section 39a of act , which was classified to section 1121a of this title, to subsec. (b) of this section.
In subsec. (a), the words “and the United States Court of Appeals for the District of Columbia” following “the Courts of Appeal of the United States” have been deleted as superfluous in view of section 41 of Title 28, Judiciary and Judicial Procedure, which includes the District of Columbia within the eleven judicial circuits of the United States. The word “and” has been inserted preceding “the courts of appeal of the United States” to preserve the conjunctive sense of the sentence.
Prior Provisions
Acts Feb. 20, 1905, ch. 592, § 17, 33 Stat. 728; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921.
Amendments1982–1998 · 3 rounds
1998
Subsec. (a). Pub. L. 105–330 substituted “courts” for “circuit courts” before “of appeal of the United States”.
1988
Subsec. (a). Pub. L. 100–667, § 131(a), designated existing provisions as subsec. (a).
Subsec. (b). Pub. L. 100–667, § 131(b), redesignated section 1121a of this title as subsec. (b) of this section and substituted “service marks” for “servicemarks” in two places.
1982
Pub. L. 97–164 inserted “(other than the United States Court of Appeals for the Federal Circuit)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–330 effective , and applicable only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark, see section 201(b) of Pub. L. 105–330, set out as a note under section 1051 of this title.
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 1982 Amendment
Amendment by Pub. L. 97–164 effective , see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
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
1946–1998 · 5 acts
- 1946July 5, 1946, ch. 540, title VI, § 39, formerly §§ 39 and 39a, 60 Stat. 440
- 1982Pub. L. 97–164, title I, § 148, , 96 Stat. 46
- 1982Pub. L. 97–296, , 96 Stat. 1316
- 1988Pub. L. 100–667, title I, § 131, , 102 Stat. 3946
- 1998Pub. L. 105–330, title II, § 201(a)(10), , 112 Stat. 3070.
Show as published
(July 5, 1946, ch. 540, title VI, § 39, formerly §§ 39 and 39a, 60 Stat. 440; Pub. L. 97–164, title I, § 148, , 96 Stat. 46; Pub. L. 97–296, , 96 Stat. 1316; Pub. L. 100–667, title I, § 131, , 102 Stat. 3946; Pub. L. 105–330, title II, § 201(a)(10), , 112 Stat. 3070.)