U. S. Trademark Law

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U. S. Trademark Law

Transcript Of U. S. Trademark Law

U. S. TRADEMARK LAW
FEDERAL STATUTES

U. S. PATENT & TRADEMARK OFFICE November 25, 2013
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TABLE OF CONTENTS

TRADEMARK ACT OF 1946, AS AMENDED

TITLE I - THE PRINCIPAL REGISTER
§ 1 (15 U.S.C. § 1051). Application for registration; verification § 2 (15 U.S.C. § 1052). Trademarks registrable on the principal register; concurrent
registration § 3 (15 U.S.C. § 1053). Service marks registrable § 4 (15 U.S.C. § 1054). Collective marks and certification marks registrable § 5 (15 U.S.C. § 1055). Use by related companies § 6 (15 U.S.C. § 1056). Disclaimers § 7 (15 U.S.C. § 1057). Certificates of registration § 8 (15 U.S.C. § 1058). Duration § 9 (15 U.S.C. § 1059). Renewal of registration § 10 (15 U.S.C. § 1060). Assignment § 11 (15 U.S.C. § 1061). Acknowledgments and verifications § 12 (15 U.S.C. § 1062). Publication § 13 (15 U.S.C. § 1063). Opposition § 14 (15 U.S.C. § 1064). Cancellation § 15 (15 U.S.C. § 1065). Incontestability of right to use mark under certain conditions § 16 (15 U.S.C. § 1066). Interference § 17 (15 U.S.C. § 1067). Interference, opposition, and proceedings for concurrent use
registration or for cancellation; notice; Trademark Trial and Appeal Board § 18 (15 U.S.C. § 1068). Refusal, cancellation, or restriction of registration; concurrent use § 19 (15 U.S.C. § 1069). Applicability, in inter partes proceeding, of equitable principles of
laches, estoppel and acquiescence § 20 (15 U.S.C. § 1070). Appeal from examiner to Trademark Trial and Appeal Board § 21 (15 U.S.C. § 1071). Appeal to courts § 22 (15 U.S.C. § 1072). Registration as notice

TITLE II - THE SUPPLEMENTAL REGISTER

§ 23 (15 U.S.C. § 1091). § 24 (15 U.S.C. § 1092). § 25 (15 U.S.C. § 1093). § 26 (15 U.S.C. § 1094). § 27 (15 U.S.C. § 1095). § 28 (15 U.S.C. § 1096).

Filing and registration for foreign use Cancellation Supplemental registration certificate General provisions Principal registration not precluded by supplemental registration Department of Treasury; supplemental registration not filed

TITLE III - NOTICE OF REGISTRATION § 29 (15 U.S.C. § 1111). Notice of registration; display with mark; actual notice

TITLE IV - CLASSIFICATION
§ 30 (15 U.S.C. § 1112). Classification of goods and services; registration in plurality of classes

TITLE V - FEES AND CHARGES § 31 (15 U.S.C. § 1113). Fees

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TITLE VI - REMEDIES

§ 32 (15 U.S.C. § 1114). § 33 (15 U.S.C. § 1115). § 34 (15 U.S.C. § 1116). § 35 (15 U.S.C. § 1117). § 36 (15 U.S.C. § 1118). § 37 (15 U.S.C. § 1119).
orders § 38 (15 U.S.C. § 1120). § 39 (15 U.S.C. § 1121).
requirements § 40 (15 U.S.C. § 1122). § 41 (15 U.S.C. § 1123).

Remedies; infringement; innocent infringers Registration as evidence of right to exclusive use; defenses Injunctions; enforcement; notice of filing suit given Director Recovery of profits, damages, and costs Destruction of infringing articles Power of court over registration; certification of decrees and
Fraud; civil liability Jurisdiction of Federal courts; State, local, and other agency
Liability of States, instrumentalities of States and State officials Rules and regulations

TITLE VII - IMPORTATION FORBIDDEN OF GOODS BEARING INFRINGING MARKS OR NAMES
§ 42 (15 U.S.C. § 1124). Importation of goods bearing infringing marks or names forbidden

TITLE VIII - FALSE DESIGNATIONS OF ORIGIN, FALSE DESCRIPTIONS. AND DILUTION FORBIDDEN
§ 43 (15 U.S.C. § 1125). False designations of origin; false description or representation

TITLE IX - INTERNATIONAL CONVENTIONS § 44 (15 U.S.C. § 1126). International conventions; register of marks

TITLE X - CONSTRUCTION AND DEFINITIONS § 45 (15 U.S.C. § 1127).

TITLE XI - REPEAL OF PREVIOUS ACTS
§ 46(a) (15 U.S.C. § 1051 note). Time of taking effect - Repeal of prior acts § 46(b) (15 U.S.C. § 1051 note). Existing registrations under prior acts § 47(a) (15 U.S.C. § 1051 note). Applications pending on effective date of Act § 47(b) (15 U.S.C. § 1051 note). Appeals pending on effective date of Act § 48 (15 U.S.C. § 1051 note). Prior acts not repealed § 49 (15 U.S.C. § 1051 note). Preservation of existing rights § 50 (15 U.S.C. § 1051 note). Severability § 51 (15 U.S.C. § 1058 note). Applications pending on effective date of the Trademark Law
Revision Act of 1988

TITLE XII—THE MADRID PROTOCOL
Sec. 60 (15 U.S.C. § 1141). Definitions Sec. 61 (15 U.S.C. § 1141a). International applications based on United States applications
or registrations Sec. 62 (15 U.S.C. § 1141b). Certification of the international application Sec. 63 (15 U.S.C. § 1141c). Restriction, abandonment, cancellation, or expiration of a
basic application or basic registration Sec. 64 (15 U.S.C. § 1141d). Request for extension of protection subsequent to
International registration

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Sec. 65 (15 U.S.C. § 1141e). Extension of protection of an international registration to the United States under the Madrid Protocol
Sec. 66 (15 U.S.C. § 1141f). Effect of filing a request for extension of protection of an international registration to the United States
Sec. 67 (15 U.S.C. § 1141g). Right of priority for request for extension of protection to the United States.
Sec. 68 (15 U.S.C. § 1141h). Examination of and opposition to request for extension of protection; notification of refusal
Sec. 69 (15 U.S.C. § 1141i). Effect of extension of protection. Sec. 70 (15 U.S.C. § 1141j). Dependence of extension of protection to the United States on
the underlying international registration Sec. 71 (15 U.S.C. § 1141k). Affidavits and fees Sec. 72 (15 U.S.C. § 1141l). Assignment of an extension of protection Sec. 73 (15 U.S.C. § 1141m). Incontestability Sec. 74 (15 U.S.C. § 1141n). Rights of extension of protection Sec. 13403 (15 U.S.C. § 1141 note). Effective date

UNITED STATES CODE, TITLE 35, PATENTS
PART 1-UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 1-ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
35 U.S.C. § 1. Establishment. 35 U.S.C. § 2. Powers and duties. 35 U.S.C. § 3. Officers and employees. 35 U.S.C. § 4. Restrictions on officers and employees as to interest in patents 35 U.S.C. § 5. Patent and Trademark Office Public Advisory Committees. 35 U.S.C. § 6. Patent Trial and Appeal Board. (35 U.S.C. § 6 pertains to patents.) 35 U.S.C. § 7. Library. 35 U.S.C. § 8. Classification of patents. (35 U.S.C. § 8 pertains to patents.) 35 U.S.C. § 9. Certified copies of records. 35 U.S.C. § 10. Publications. 35 U.S.C. § 11. Exchange of copies of patents. (35 U.S.C. § 11 pertains to patents.) 35 U.S.C. § 12. Copies of patents and applications for public libraries. (35 U.S.C. § 12
pertains to patents.) 35 U.S.C. § 13. Annual report to Congress.
CHAPTER 2—PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE
35 U.S.C. § 21. Filing date and day for taking action. 5 U.S.C. § 6103. Holidays. District of Columbia Code—Section 28-2701. 35 U.S.C. § 22. Printing of papers filed. 35 U.S.C. § 23. Testimony in Patent and Trademark Office cases. 35 U.S.C. § 24. Subpoenas, witnesses. 35 U.S.C. § 25. Declaration in lieu of oath. 35 U.S.C. § 26. Effect of defective execution.
CHAPTER 3—PRACTICE BEFORE PATENT AND TRADEMARK OFFICE
35 U.S.C. § 31. [Repealed] 35 U.S.C. § 32. Suspension or exclusion from practice. 35 U.S.C. § 33. Unauthorized representation as practitioner.

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CHAPTER 4—PATENT FEES, FUNDING, SEARCH SYSTEMS
35 U.S.C. § 41(i). Patent and trademark search systems. 35 U.S.C. § 41 note. Adjustment of trademark fees. 35 U.S.C. § 42. Patent and Trademark Office funding.
NOTES OF OTHER STATUTES

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Trademark Act of 1946, as Amended
PUBLIC LAW 79-489, CHAPTER 540, APPROVED JULY 5, 1946; 60 STAT. 427
The headings used for sections and subsections or paragraphs in the following reprint of the Act are not part of the Act but have been added for convenience in using this reprint. Prior trademark statutes may be found in Title 15, Chapter 3, of the U.S. Code and in the Statutes at Large. The present Act forms Chapter 22 of Title 15 of the U.S. Code and the U.S. Code citations have been placed at the beginning of each section and subsection. Included are an amendment to repeal § 40 by the Act of May 24, 1949, 63 Stat. 109; and amendments made to § 7(a) by the Act of August 17, 1950, Public Law 81-710, 64 Stat. 459; to § 21 by the Act of July 19, 1952, Public Law 82-593, 66 Stat. 792; to §§ 17, 20, 21, 24 and 31 by the Act of August 8, 1958, Public Law 85609, 72 Stat. 540; to § 44(d) by the Act of October 3, 1961, Public Law 87-333, 75 Stat. 748; to §§ 1(a)(1), 2(d), 6, 7(a), 7(d), 7(e), 7(f), 9, 10, 12(a), 12(c), 13, 14, 15, 16, 21, 23, 24, 29, 30, 32, 33, 35, 44(b), 44(e) and 45 by the Act of October 9, 1962, Public Law 87-772, 76 Stat. 769; to § 31 by the Act of July 24, 1965, Public Law 89-83, 79 Stat. 260; to § 29 and the terms “Patent Office” and “Commissioner of Patents” by the Act of January 2, 1975, Public Law 93-596, 88 Stat. 1949; to §§ 13, 21 and 35 by the Act of January 2, 1975, Public Law 93-600, 88 Stat. 1955; to § 42 by the Act of October 3, 1978, Public Law 95-410, 92 Stat. 903; to § 17 by the Act of October 15, 1980, Public Law 96-455, 94 Stat. 2024; to § 31 by the Act of December 12, 1980, Public Law 96-517, 94 Stat. 3018; to §§ 21 and 39 by the Act of April 2, 1982, Public Law 97-164, 96 Stat. 25; to §§ 8(a), 8(b), 11, 13, 14, 15, 16 and 31 by the Act of August 27, 1982, Public Law 97-247, 96 Stat. 317; to § 31(a) by the Act of September 8, 1982, Public Law 97-256, 96 Stat. 816; to add § 39(a) by the Act of October 12, 1982, Public Law 97-296, 96 Stat. 1316; to §§ 34, 35 and 36 by the Act of October 12, 1984, Public Law 98-473, 98 Stat. 2179; to §§ 14(c), 21 and 45 by the Act of November 8, 1984, Public Law 98-620, 98 Stat. 3335; to §§ 1, 2(d), 2(e), 2(f), 3, 4, 5, 6(b), 7, 8(a), 9(a), 9(c), 10, 12(a), 13, 14, 15, 16, 18, 19, 21, 23, 24, 26, 27, 29, 30, 32(2), 33, 34, 35(a), 36, 39, 43(a), 44 and 45 and to add § 51 by the Act of November 16, 1988, Public Law 100-667, 102 Stat. 3935; to § 31(a) by the Act of December 10, 1991, Public Law 102-204, 105 Stat. 1640; to § 32(1), to add § 40, and to §§ 43(a) and 45 by the Act of October 27, 1992, Public Law 102542, 106 Stat. 3567; to §§ 2(e), 2(f) and 23(a) by the Act of December 8, 1993, Public Law 103182, 107 Stat. 2057; to §§ 2(a) and 45 by the Act of December 8, 1994, Public Law 103-465, 108 Stat. 4982; to §§ 43 and 45 by the Act of January 16, 1996, Public Law 104-98, 109 Stat. 985; to §§ 34(d)(9) and 35 by Public Law No. 104-153, 110 Stat. 1386, July 2, 1996; to §§ 1(d)(1), 2, 7(a), 14, 23(c), 26, 31, 32(1), 33(b), 39(a) and 42 by Public Law 105-330, 112 Stat. 3069, effective October 30, 1998; to §§ 2, 10, 13(a), 14, 24, 32, 34(a), 35(a), 36, 40, 43(a), 43(c)(2) and 45 by Public Law 106-43, 113 Stat. 218, effective August 5, 1999; to §§ 1(a), 1(b), 12(b), 8, 9, 10, 44(d) and 44(e) by Public Law 105-330, 112 Stat. 3064, effective October 30, 1999; to §§ 1, 2, 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 18, 21, 23, 24, 30, 31, 32, 34, 35, 37, 41, 43, 44, 45, and 47(b) by Public Law 106-113, 113 Stat. 1501A, Nov. 29, 1999; to add Title XII, by Public Law 107-273, 116 Stat. 1758, effective Nov. 2, 2003; by Public Law 108-482, 118 Stat. 3916, effective Dec. 23, 2004; by Public Law 109-312, 120 Stat. 1730, Oct. 6, 2006; by Public Law 110-313, 122 Stat. 3014, August 12, 2008; by Public Law 110-403, 122 Stat. 4258, Oct. 13, 2008; by Public Law 111-146, 124 Stat. 66, Mar. 17, 2010; by Public Law 112-29, 125 Stat. 316, Sept. 16 2011; by Public Law 112-274, 126 Stat. 2456, 2457, 2458 and 2459, Jan. 14, 2013.

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TITLE I - THE PRINCIPAL REGISTER
§ 1 (15 U.S.C. § 1051). Application for registration; verification
(a)(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.
(2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.
(3) The statement shall be verified by the applicant and specify that—
(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;
(B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate;
(C) the mark is in use in commerce; and
(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by others;
(II) the goods on or in connection with which and the areas in which each concurrent use exists;
(III) the periods of each use; and
(IV) the goods and area for which the applicant desires registration.
(4) The applicant shall comply with such rules or regulations as may be prescribed by the Director. The Director shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.
(b)(1) A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director.
(2) The application shall include specification of the applicant’s domicile and citizenship, the goods in connection with which the applicant has a bona fide intention to use the mark, and a drawing of the mark.

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(3) The statement shall be verified by the applicant and specify—

(A) that the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be entitled to use the mark in commerce;

(B) the applicant’s bona fide intention to use the mark in commerce;

(C) that, to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; and

(D) that, to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive.

Except for applications filed pursuant to section 1126 of this title, no mark shall be registered until the applicant has met the requirements of subsections (c) and (d) of this section.

(4) The applicant shall comply with such rules or regulations as may be prescribed by the Director. The Director shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.

(c) At any time during examination of an application filed under subsection (b) of this section, an applicant who has made use of the mark in commerce may claim the benefits of such use for purposes of this chapter, by amending his or her application to bring it into conformity with the requirements of subsection (a) of this section.

(d) (1) Within six months after the date on which the notice of allowance with respect to a mark is issued under section 1063(b)(2) of this title to an applicant under subsection (b) of this section, the applicant shall file in the Patent and Trademark Office, together with such number of specimens or facsimiles of the mark as used in commerce as may be required by the Director and payment of the prescribed fee, a verified statement that the mark is in use in commerce and specifying the date of the applicant’s first use of the mark in commerce and those goods or services specified in the notice of allowance on or in connection with which the mark is used in commerce. Subject to examination and acceptance of the statement of use, the mark shall be registered in the Patent and Trademark Office, a certificate of registration shall be issued for those goods or services recited in the statement of use for which the mark is entitled to registration, and notice of registration shall be published in the Official Gazette of the Patent and Trademark Office. Such examination may include an examination of the factors set forth in subsections (a) through (e) of section 1052 of this title. The notice of registration shall specify the goods or services for which the mark is registered.

(2) The Director shall extend, for one additional 6-month period, the time for filing the statement of use under paragraph (1), upon written request of the applicant before the expiration of the 6-month period provided in paragraph (1). In addition to an extension under the preceding sentence, the Director may, upon a showing of good cause by the applicant, further extend the time for filing the statement of use under paragraph (1) for periods aggregating not more than 24 months, pursuant to written request of the applicant made before the expiration of the last extension granted under this paragraph. Any request for an extension under this paragraph shall be accompanied by a verified statement that the applicant has a continued bona fide intention to use the mark in commerce and specifying those goods or services identified in the notice of allowance on or in connection with which the applicant has a continued bona fide intention to use the mark in commerce. Any request for an extension under this paragraph shall be accompanied by payment of the prescribed fee. The Director shall issue regulations setting forth guidelines for determining what constitutes good cause for purposes of this paragraph.

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(3) The Director shall notify any applicant who files a statement of use of the acceptance or refusal thereof and, if the statement of use is refused, the reasons for the refusal. An applicant may amend the statement of use.
(4) The failure to timely file a verified statement of use under paragraph (1) or an extension request under paragraph (2) shall result in abandonment of the application, unless it can be shown to the satisfaction of the Director that the delay in responding was unintentional, in which case the time for filing may be extended, but for a period not to exceed the period specified in paragraphs (1) and (2) for filing a statement of use.
(e) If the applicant is not domiciled in the United States the applicant may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, or if the registrant does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.
(Amended Oct. 9, 1962, 76 Stat. 769; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 3935; Oct. 30, 1998, 112 Stat. 3064; Nov. 29, 1999, 113 Stat. 1501A; Nov. 2, 2002, 116 Stat. 1906.)
§ 2 (15 U.S.C. § 1052). Trademarks registrable on the principal register; concurrent registration
No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—
(a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 3501(9) of title 19) enters into force with respect to the United States.
(b) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof.
(c) Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow.
(d) Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive: Provided, That if the Director determines that confusion, mistake, or deception is not likely to result from the continued use by more than one person of the same or similar marks under conditions and limitations as to the mode or place of use of the marks or the goods on or in connection with which such marks are used, concurrent registrations may be issued to such persons when they have become entitled to use such marks as a result of their concurrent lawful use in

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commerce prior to (1) the earliest of the filing dates of the applications pending or of any registration issued under this chapter; (2) July 5, 1947, in the case of registrations previously issued under the Act of March 3, 1881, or February 20, 1905, and continuing in full force and effect on that date; or (3) July 5, 1947, in the case of applications filed under the Act of February 20, 1905, and registered after July 5, 1947. Use prior to the filing date of any pending application or a registration shall not be required when the owner of such application or registration consents to the grant of a concurrent registration to the applicant. Concurrent registrations may also be issued by the Director when a court of competent jurisdiction has finally determined that more than one person is entitled to use the same or similar marks in commerce. In issuing concurrent registrations, the Director shall prescribe conditions and limitations as to the mode or place of use of the mark or the goods on or in connection with which such mark is registered to the respective persons.
(e) Consists of a mark which, (1) when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them, (2) when used on or in connection with the goods of the applicant is primarily geographically descriptive of them, except as indications of regional origin may be registrable under section 1054 of this title, (3) when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them, (4) is primarily merely a surname, or (5) comprises any matter that, as a whole, is functional.
(f) Except as expressly excluded in subsections (a), (b), (c), (d), (e)(3), and (e)(5) of this section, nothing herein shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant’s goods in commerce. The Director may accept as prima facie evidence that the mark has become distinctive, as used on or in connection with the applicant’s goods in commerce, proof of substantially exclusive and continuous use thereof as a mark by the applicant in commerce for the five years before the date on which the claim of distinctiveness is made. Nothing in this section shall prevent the registration of a mark which, when used on or in connection with the goods of the applicant, is primarily geographically deceptively misdescriptive of them, and which became distinctive of the applicant’s goods in commerce before the date of the enactment of the North American Free Trade Agreement Implementation Act. A mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c), may be refused registration only pursuant to a proceeding brought under section 13. A registration for a mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c), may be canceled pursuant to a proceeding brought under either section 14 or section 24.
(Amended Oct. 9, 1962, 76 Stat. 769; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 3037; Dec. 8, 1993, 107 Stat. 2057; Dec. 8, 1994, 108 Stat. 4982; Oct. 30, 1998, 112 Stat. 3069; Aug. 5, 1999, 113 Stat. 218; Nov. 29, 1999, 113 Stat. 1501A-583; Oct. 6, 2006, 120 Stat. 1730.)

§ 3 (15 U.S.C. § 1053). Service marks registrable
Subject to the provisions relating to the registration of trademarks, so far as they are applicable, service marks shall be registrable, in the same manner and with the same effect as are trademarks, and when registered they shall be entitled to the protection provided herein in the case of trademarks. Applications and procedure under this section shall conform as nearly as practicable to those prescribed for the registration of trademarks.
(Amended Nov. 16, 1988, 102 Stat. 3938.)

§ 4 (15 U.S.C. § 1054). Collective marks and certification marks registrable
Subject to the provisions relating to the registration of trademarks, so far as they are applicable, collective and certification marks, including indications of regional origin, shall be registrable under

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MarkRegistrationApplicantCommerceDirector