§ 1127. Construction and definitions; intent of chapter

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. § 1127

   July 5, 1946, ch. 540, title X, § 45, 60 Stat. 443

   Source evidence

   Code source credit
   July 5, 1946, ch. 540, title X, § 45, 60 Stat. 443

2. 1962

   Pub. L. 87–772 § 21 · 76 Stat. 769

   1. Substituted · 15 U.S.C. § 1127

      Pub. L. 87–772 substituted, “predecessors,” for “and” in definition of “service mark”

   2. Substituted · 15 U.S.C. § 1127

      Pub. L. 87–772 substituted, “Titles, character names and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor” for “and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising used in commerce” in definition of “service mark”

   3. Inserted · 15 U.S.C. § 1127

      Pub. L. 87–772 inserted “or the services are rendered in more than one State or in this and a foreign country and the person rendering the services is engaged in commerce in connection therewith” in fifteenth paragraph relating to use in commerce

   4. Struck · 15 U.S.C. § 1127

      Pub. L. 87–772 struck out “purchasers” after “deceive” in definition of “colorable imitation”

   5. Substituted · 15 U.S.C. § 1127

      Pub. L. 87–772 substituted “commerce” for “commence” in last par. relating to the intent of the chapter

   Source evidence

   Code amendment note
   Pub. L. 87–772 substituted, “predecessors,” for “and” in definition of “applicant” and “registrant”, “Titles, character names and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor” for “and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising used in commerce”, in definition of “service mark”, inserted “or the services are rendered in more than one State or in this and a foreign country and the person rendering the services is engaged in commerce in connection therewith” in fifteenth paragraph relating to use in commerce, struck out “purchasers” after “deceive” in definition of “colorable imitation”, and substituted “commerce” for “commence” in last par. relating to the intent of the chapter.

   Enacted provision · exact public law section
   Sec. 21. Section 45 is amended as follows: The sixth paragraph of said section, relating to the definition of “applicant, registrant”, is amended by changing “and”, second appearance, to “, predecessors,”. The ninth paragraph of said section, relating to the meaning of the terms “trade name” and “commercial name”, is amended by inserting a comma between the words “commercial” and “agricultural”. The eleventh paragraph of said section, being the definition of “service mark”, is amended by striking the definition in its entirety and inserting in lieu thereof: “The term ‘service mark’ means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services or others. Titles, character names and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.” The fifteenth paragraph of said section, relating to use in commerce, is amended by changing the period at the end of said paragraph to a comma and adding the words “or the services are rendered in more than one State or in this and a foreign country and the person rendering the services is engaged in commerce in connection therewith.” The seventeenth paragraph of said section, relating to the meaning of the term “colorable imitation”, is amended by changing “terms” to “term” and deleting the word “purchasers” at the end thereof. The final paragraph of said section is amended by striking therefrom the word “commence” and inserting in lieu thereof the word “commerce”.

3. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   1. Substituted · 15 U.S.C. § 1127

      Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in definition of “Commissioner”

   2. Substituted · 15 U.S.C. § 1127

      Pub. L. 93–596 substituted “Commissioner of Patents and Trademarks” for “Commissioner of Patents” in definition of “Commissioner”

   Source evidence

   Code amendment note
   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in two places and “Commissioner of Patents and Trademarks” for “Commissioner of Patents” in definition of “Commissioner”.

   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. 1984

   Pub. L. 98–620 § 103(1) · 98 Stat. 3335

   1. Substituted · 15 U.S.C. § 1127

      Pub. L. 98–620, § 103(1), in definition of “trademark” substituted “trademark” for “trade-mark”

   2. Substituted · 15 U.S.C. § 1127

      Pub. L. 98–620, § 103(1), in definition of “trademark” substituted “identify and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown” for “identify his goods and distinguish them from those manufactured or sold by others”

   Source evidence

   Code amendment note
   Pub. L. 98–620, § 103(1), in definition of “trademark” substituted “trademark” for “trade-mark”, and substituted “identify and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown” for “identify his goods and distinguish them from those manufactured or sold by others”.

   Enacted provision · exact public law section
   (1) Strike out “The term ‘trademark’ includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.” and insert in lieu thereof the following; “The term ‘trademark’ includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.”.

5. 1984

   Pub. L. 98–620 § 103(2) · 98 Stat. 3335

   Substituted · 15 U.S.C. § 1127

   Pub. L. 98–620, § 103(2), in definition of “service mark” substituted “The term ‘service mark’ means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown” for “The term ‘service mark’ means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–620, § 103(2), in definition of “service mark” substituted “The term ‘service mark’ means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown” for “The term ‘service mark’ means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others”.

   Enacted provision · exact public law section
   (2) Strike out “The term ‘service mark’ means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.” and insert in lieu thereof the following: “The term ‘service mark’ means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown.”.

6. 1984

   Pub. L. 98–620 § 103(3) · 98 Stat. 3335

   Inserted · 15 U.S.C. § 1127

   Pub. L. 98–620, § 103(3), in subpar. (b) of par. relating to when a mark shall be deemed to be “abandoned”, inserted “Purchaser motivation shall not be a test for determining abandonment under this subparagraph.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–620, § 103(3), in subpar. (b) of par. relating to when a mark shall be deemed to be “abandoned”, inserted “Purchaser motivation shall not be a test for determining abandonment under this subparagraph.”

   Enacted provision · exact public law section
   (3) Add at the end of subparagraph (b) in the paragraph which begins “A mark shall be deemed to be ‘abandoned’”, the following new sentence: “Purchaser motivation shall not be a test for determining abandonment under this subparagraph.”.

7. 1988

   Trademark Law Revision Act of 1988

   Pub. L. 100–667 § 134(1) · 102 Stat. 3935

   Amended · 15 U.S.C. § 1127

   Pub. L. 100–667, § 134(1), amended par. defining “related company” generally. Prior to amendment, par. read as follows: “The term ‘related company’ means any person who legitimately controls or is controlled by the registrant or applicant for registration in respect to the nature and quality of the goods or services in connection with which the mark is used.”

   Source evidence

   Code amendment note
   Pub. L. 100–667, § 134(1), amended par. defining “related company” generally. Prior to amendment, par. read as follows: “The term ‘related company’ means any person who legitimately controls or is controlled by the registrant or applicant for registration in respect to the nature and quality of the goods or services in connection with which the mark is used.”

   Enacted provision · exact public law section
   (1) by amending the paragraph defining “related company” to read as follows: “The term ‘related company’ means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used.”;

8. 1988

   Trademark Law Revision Act of 1988

   Pub. L. 100–667 § 134(2) · 102 Stat. 3935

   Amended · 15 U.S.C. § 1127

   Pub. L. 100–667, § 134(2), amended par. defining “trade name” and “commercial name” generally. Prior to amendment, par. read as follows: “The terms ‘trade name’ and ‘commercial name’ include individual names and surnames, firm names and trade names used by manufacturers, industrialists, merchants, agriculturists, and others to identify their businesses, vocations, or occupations; the names or titles lawfully adopted and used by persons, firms, associations, corporations, companies, unions, and any manufacturing, industrial, commercial, agricultural, or other organizations engaged in trade or commerce and capable of suing and being sued in a court of law.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–667, § 134(2), amended par. defining “trade name” and “commercial name” generally. Prior to amendment, par. read as follows: “The terms ‘trade name’ and ‘commercial name’ include individual names and surnames, firm names and trade names used by manufacturers, industrialists, merchants, agriculturists, and others to identify their businesses, vocations, or occupations; the names or titles lawfully adopted and used by persons, firms, associations, corporations, companies, unions, and any manufacturing, industrial, commercial, agricultural, or other organizations engaged in trade or commerce and capable of suing and being sued in a court of law.”

   Enacted provision · exact public law section
   (2) by amending the paragraph defining “trade name” and “commercial name” to read as follows: “The terms “trade name’ and ‘commercial name’ mean any name used by a person to identify his or her business or vocation.”;

9. 1988

   Trademark Law Revision Act of 1988

   Pub. L. 100–667 § 134(3) · 102 Stat. 3935

   Amended · 15 U.S.C. § 1127

   Pub. L. 100–667, § 134(3), amended par. defining “trademark” generally. Prior to amendment, par. read as follows: “The term ‘trademark’ includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–667, § 134(3), amended par. defining “trademark” generally. Prior to amendment, par. read as follows: “The term ‘trademark’ includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.”

   Enacted provision · exact public law section
   (3) by amending the paragraph defining “trademark” to read as follows: “The term ‘trademark’ includes any word, name, symbol, or device, or any combination thereof— “(1) used by a person, or “(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this Act, to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.”;

10. 1988

    Trademark Law Revision Act of 1988

    Pub. L. 100–667 § 134(4) · 102 Stat. 3935

    Amended · 15 U.S.C. § 1127

    Pub. L. 100–667, § 134(4), amended par. defining “service mark” generally. Prior to amendment, par. read as follows: “The term ‘service mark’ means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–667, § 134(4), amended par. defining “service mark” generally. Prior to amendment, par. read as follows: “The term ‘service mark’ means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.”

    Enacted provision · exact public law section
    (4) by amending the paragraph defining “service mark” to read as follows: “The term ‘service mark’ means any word, name, symbol, or device, or any combination thereof— “(1) used by a person, or “(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this Act, to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.”;

11. 1988

    Trademark Law Revision Act of 1988

    Pub. L. 100–667 § 134(5) · 102 Stat. 3935

    Amended · 15 U.S.C. § 1127

    Pub. L. 100–667, § 134(5), amended par. defining “certification mark” generally. Prior to amendment, par. read as follows: “The term ‘certification mark’ means a mark used upon or in connection with the products or services of one or more persons other than the owner of the mark to certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–667, § 134(5), amended par. defining “certification mark” generally. Prior to amendment, par. read as follows: “The term ‘certification mark’ means a mark used upon or in connection with the products or services of one or more persons other than the owner of the mark to certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.”

    Enacted provision · exact public law section
    (5) by amending the paragraph defining “certification mark” to read as follows: “The term ‘certification mark’ means any word, name, symbol, or device, or any combination thereof— “(1) used by a person other than its owner, or “(2) which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register established by this Act, to certify regional or other origin, material, mode of manufacture, qualify, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.”;

12. 1988

    Trademark Law Revision Act of 1988

    Pub. L. 100–667 § 134(6) · 102 Stat. 3935

    Amended · 15 U.S.C. § 1127

    Pub. L. 100–667, § 134(6), amended par. defining “collective mark” generally. Prior to amendment, par. read as follows: “The term ‘collective mark’ means a trade-mark or service mark used by the members of a cooperative, an association or other collective group or organization and includes marks used to indicate membership in a union, an association or other organization.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–667, § 134(6), amended par. defining “collective mark” generally. Prior to amendment, par. read as follows: “The term ‘collective mark’ means a trade-mark or service mark used by the members of a cooperative, an association or other collective group or organization and includes marks used to indicate membership in a union, an association or other organization.”

    Enacted provision · exact public law section
    (6) by amending the paragraph defining “collective mark” to read as follows: “The term ‘collective mark’ means a trademark or service mark— “(1) used by the members of a cooperative, an association, or other collective group or organization, or “(2) which such cooperative, association, or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register established by this Act, and includes marks indicating membership in a union, an association, or other organization.”;

13. 1988

    Trademark Law Revision Act of 1988

    Pub. L. 100–667 § 134(7) · 102 Stat. 3935

    Amended · 15 U.S.C. § 1127

    Pub. L. 100–667, § 134(7), amended par. defining “mark” generally. Prior to amendment, par. read as follows: “The term ‘mark’ includes any trade-mark, service mark, collective mark, or certification mark entitled to registration under this chapter whether registered or not.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–667, § 134(7), amended par. defining “mark” generally. Prior to amendment, par. read as follows: “The term ‘mark’ includes any trade-mark, service mark, collective mark, or certification mark entitled to registration under this chapter whether registered or not.”

    Enacted provision · exact public law section
    (7) by amending the paragraph defining “mark” to read as follows: “The term ‘mark’ includes any trademark, service mark, collective mark, or certification mark.”;

14. 1988

    Trademark Law Revision Act of 1988

    Pub. L. 100–667 § 134(8) · 102 Stat. 3935

    Substituted · 15 U.S.C. § 1127

    Pub. L. 100–667, § 134(8), substituted par. defining “use in commerce” for former par. which read as follows: “For the purposes of this chapter a mark shall be deemed to be used in commerce (a) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto and the goods are sold or transported in commerce and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in this and a foreign country and the person rendering the services is engaged in commerce in connection therewith.” and par. providing when a mark is deemed abandoned for former par. which read as follows: “A mark shall be deemed to be ‘abandoned’—

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–667, § 134(8), substituted par. defining “use in commerce” for former par. which read as follows: “For the purposes of this chapter a mark shall be deemed to be used in commerce (a) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto and the goods are sold or transported in commerce and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in this and a foreign country and the person rendering the services is engaged in commerce in connection therewith.” and par. providing when a mark is deemed abandoned for former par. which read as follows: “A mark shall be deemed to be ‘abandoned’—

    “(a) When its use has been discontinued with intent not to resume. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie abandonment. “(b) When any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to lose its significance as an indication of origin. Purchaser motivation shall not be a test for determining abandonment under this subparagraph.”

    Enacted provision · exact public law section
    (8) by amending the matter which appears between the paragraph defining “mark”, and the paragraph defining “colorable imitation” to read as follows: “The term ‘use in commerce’ means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this Act, a mark shall be deemed to be in use in commerce— “(1) on goods when— “(A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and “(B) the goods are sold or transported in commerce, and “(2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services. “A mark shall be deemed to be ‘abandoned’ when either of the following occurs: “(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie evidence of abandonment. ‘Use’ of a mark means the bona fide use of that mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. “(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.”.

15. 1992

    Trademark Remedy Clarification Act

    Pub. L. 102–542 § 3(d) · 106 Stat. 3567

    Inserted · 15 U.S.C. § 1127

    Pub. L. 102–542 inserted after fourth undesignated par. “The term ‘person’ also includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.”

    Source evidence

    Code amendment note
    Pub. L. 102–542 inserted after fourth undesignated par. “The term ‘person’ also includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.”

    Enacted provision · exact public law section
    (d) Definition.— Section 45 of the Act (15 U.S.C. 1127) is amended by inserting after the fourth undesignated paragraph the following: “The term ‘person’ also includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.”.

16. 1994

    Pub. L. 103–465 title V § 521 · 108 Stat. 4809

    Amended · 15 U.S.C. § 1127

    Pub. L. 103–465 amended par. defining “abandoned” generally. Prior to amendment, par. read as follows: “A mark shall be deemed to be ‘abandoned’ when either of the following occurs:

    Source evidence

    Code amendment note
    Pub. L. 103–465 amended par. defining “abandoned” generally. Prior to amendment, par. read as follows: “A mark shall be deemed to be ‘abandoned’ when either of the following occurs:

    “(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie evidence of abandonment. ‘Use’ of a mark means the bona fide use of that mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. “(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.”

    Enacted provision · exact public law section
    SEC. 521. DEFINITION OF “ABANDONED”. Section 45 of the Act entitled “An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1127) (hereafter in this title referred to as the ‘Trademark Act of 1946”), is amended by amending the paragraph defining abandoned to read as follows: “A mark shall be deemed to be ‘abandoned’ if either of the following occurs: “(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. ‘Use’ of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. “(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.”.

17. 1996

    Federal Trademark Dilution Act of 1995

    Pub. L. 104–98 § 4 · 109 Stat. 985

    Inserted · 15 U.S.C. § 1127

    Pub. L. 104–98 inserted par. defining “dilution” after par. defining “abandoned”

    Source evidence

    Code amendment note
    Pub. L. 104–98 inserted par. defining “dilution” after par. defining “abandoned”.

    Enacted provision · exact public law section
    SEC. 4. DEFINITION. Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by inserting after the paragraph defining when a mark shall be deemed to be “abandoned” the following: “The term ‘dilution’ means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of— “(1) competition between the owner of the famous mark and other parties, or “(2) likelihood of confusion, mistake, or deception.”.

18. 1999

    Trademark Amendments Act of 1999

    Pub. L. 106–43 § 6(b) · 113 Stat. 218

    Substituted · 15 U.S.C. § 1127

    Pub. L. 106–43, § 6(b), substituted “trademarks” for “trade-marks” in last undesignated par

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–43, § 6(b), substituted “trademarks” for “trade-marks” in last undesignated par.

    Enacted provision · exact public law section
    (b) Additional Clerical Amendments.— The text and title 15 USC 1051 note, 1053, 1054, 1091, 1124, 1126, 1127. of the Trademark Act of 1946 are amended by striking “trademarks” each place it appears and inserting “trademarks”.

19. 1999

    Trademark Amendments Act of 1999

    Pub. L. 106–43 § 4(c) · 113 Stat. 218

    Inserted · 15 U.S.C. § 1127

    Pub. L. 106–43, § 4(c), between pars. defining “person” inserted: “The term ‘person’ also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–43, § 4(c), between pars. defining “person” inserted: “The term ‘person’ also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.”

    Enacted provision · exact public law section
    (c) Definition.— Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by inserting between the 2 paragraphs relating to the definition of “person” the following: “The term ‘person’ also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.”.

20. 1999

    District of Columbia Appropriations Act, 2000

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

    Substituted · 15 U.S.C. § 1127

    Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(A)], substituted par. defining “Director” for par. which read as follows: “The term ‘Commissioner’ means the Commissioner of Patents and Trademarks.”

    Source evidence

    Code amendment note
    Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(A)], substituted par. defining “Director” for par. which read as follows: “The term ‘Commissioner’ means the Commissioner of Patents and Trademarks.”

    Effective date note
    Amendment by section 1000(a)(9) [title III, § 3005] of Pub. L. 106–113 applicable to all domain names registered before, on, or after Nov. 29, 1999, see section 1000(a)(9) [title III, § 3010] of Pub. L. 106–113, set out as a note under section 1117 of this title. Amendment by section 1000(a)(9) [title IV, § 4732(b)(1)(A)] of 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.

21. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(9)(tIII)(s3005) · 113 Stat. 1501

    Inserted · 15 U.S.C. § 1127

    Pub. L. 106–113, § 1000(a)(9) [title III, § 3005], inserted pars. defining “domain name” and “Internet” after par. defining “counterfeit”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–113, § 1000(a)(9) [title III, § 3005], inserted pars. defining “domain name” and “Internet” after par. defining “counterfeit”.

    Effective date note
    Amendment by section 1000(a)(9) [title III, § 3005] of Pub. L. 106–113 applicable to all domain names registered before, on, or after Nov. 29, 1999, see section 1000(a)(9) [title III, § 3010] of Pub. L. 106–113, set out as a note under section 1117 of this title. Amendment by section 1000(a)(9) [title IV, § 4732(b)(1)(A)] of 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.

22. 2006

    Trademark Dilution Revision Act of 2006

    Pub. L. 109–312 § 3(e) · 120 Stat. 1730

    Struck · 15 U.S.C. § 1127

    Pub. L. 109–312 struck out par. defining “dilution” after par. defining “abandoned”

    Source evidence

    Code amendment note
    Pub. L. 109–312 struck out par. defining “dilution” after par. defining “abandoned”.

    Enacted provision · exact public law section
    (e) Definitions.— Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by striking the definition relating to the term “dilution”.

25 of 28 references resolved to an enrolled provision · 3 partial