
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1051]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                  SUBCHAPTER I--THE PRINCIPAL REGISTER
 
Sec. 1051. Application for registration; verification


(a) Application for use of trademark

    (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) Application for bona fide intention to use trademark

    (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.
    (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) Amendment of application under subsection (b) to conform to 
        requirements of subsection (a)

    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) Verified statement that trademark is used in commerce

    (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,,\1\ 
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.
---------------------------------------------------------------------------
    \1\ So in original.
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    (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.
    (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) Designation of resident for service of process and notices

    If the applicant is not domiciled in the United States he shall 
designate by a written document filed in the Patent and Trademark Office 
the name and address of some 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 him or mailing to him 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, such 
notice or process may be served upon the Director.

(July 5, 1946, ch. 540, title I, Sec. 1, 60 Stat. 427; Pub. L. 87-772, 
Sec. 1, Oct. 9, 1962, 76 Stat. 769; Pub. L. 93-596, Sec. 1, Jan. 2, 
1975, 88 Stat. 1949; Pub. L. 100-667, title I, Sec. 103, Nov. 16, 1988, 
102 Stat. 3935; Pub. L. 105-330, title I, Sec. 103, title II, 
Sec. 201(a), Oct. 30, 1998, 112 Stat. 3064, 3069; Pub. L. 106-113, div. 
B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(1)(B)], Nov. 29, 1999, 113 
Stat. 1536, 1501A-583.)


                            Prior Provisions

    Subsecs. (a) to (c) are from acts Feb. 20, 1905, ch. 592, Secs. 1, 
2, 33 Stat. 724; May 4, 1906, ch. 2081, Sec. 1, 34 Stat. 168; Feb. 18, 
1909, ch. 144, 35 Stat. 628; Apr. 11, 1930, ch. 132, Sec. 4, 46 Stat. 
155; June 10, 1938, ch. 332, Sec. 1, 52 Stat. 638.
    Subsec. (d) is from act Feb. 20, 1905, ch. 592, Sec. 3, 33 Stat. 
725.


                               Amendments

    1999--Subsecs. (a), (b), (d), (e). Pub. L. 106-113 substituted 
``Director'' for ``Commissioner'' wherever appearing.
    1998--Subsec. (a). Pub. L. 105-330, Sec. 103(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) related to application by 
owner of a trademark used in commerce to register the trademark by 
filing in the Patent and Trademark Office a written application in 
prescribed form and verified by applicant, by paying prescribed fee, and 
by complying with prescribed rules or regulations.
    Subsec. (b). Pub. L. 105-330, Sec. 103(b), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) related to application, by 
person with bona fide intention, under circumstances showing good faith, 
to use a trademark in commerce, to register trademark by filing in the 
Patent and Trademark Office a written application in prescribed form and 
verified by applicant, by paying prescribed fee, and by complying with 
prescribed rules or regulations.
    Subsec. (d)(1). Pub. L. 105-330, Sec. 201(a)(1)(A), inserted 
``and,'' after ``specifying the date of the applicant's first use of the 
mark in commerce''.
    Pub. L. 105-330, Sec. 201(a)(1)(B), which directed the striking out 
of ``and, the mode or manner in which the mark is used on or in 
connection with such goods or services'', was executed by striking out 
``, and the mode or manner in which the mark is used on or in connection 
with such goods or services'' after ``notice of allowance on or in 
connection with which the mark is used in commerce'', to reflect the 
probable intent of Congress.
    Subsec. (d)(4). Pub. L. 105-330, Sec. 103(c), amended par. (4) 
generally. Prior to amendment, par. (4) read as follows: ``The failure 
to timely file a verified statement of use under this subsection shall 
result in abandonment of the application.''
    1988--Subsec. (a). Pub. L. 100-667, Sec. 103(1) to (7), inserted 
``(a)'' preceding introductory provisions and substituted ``may apply to 
register his or her'' for ``may register his'', redesignated former 
subsecs. (a) to (c) as pars. (1) to (3), respectively, redesignated 
former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. 
(1)(A), substituted ``used on or in connection with'' for ``applied to'' 
and ``goods on or in connection'' for ``goods in connection'', in par. 
(1)(C), struck out ``actually'' after ``the mark as'', and in par. (2), 
substituted ``prescribed'' for ``filing''.
    Subsecs. (b), (c). Pub. L. 100-667, Sec. 103(3), (9), added subsecs. 
(b) and (c) and redesignated former subsecs. (b) and (c) as pars. (2) 
and (3), respectively, of subsec. (a).
    Subsecs. (d), (e). Pub. L. 100-667, Sec. 103(8), (9), added subsec. 
(d) and redesignated former subsec. (d) as (e).
    1975--Subsecs. (a), (b), (d). Pub. L. 93-596 substituted ``Patent 
and Trademark Office'' for ``Patent Office''.
    1962--Subsec. (a)(1). Pub. L. 87-772 substituted ``as to be likely, 
when applied to the goods of such other person, to cause confusion, or 
to cause mistake, or to deceive'' for ``as might be calculated to 
deceive'', and struck out ``or services'' after ``use by others, the 
goods''.


                    Effective Date of 1999 Amendment

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


                    Effective Date of 1998 Amendment

    Pub. L. 105-330, title I, Sec. 109(b), Oct. 30, 1998, 112 Stat. 
3069, provided that: ``This title [see Short Title of 1998 Amendment 
note below] and the amendments made by this title shall apply to any 
application for registration of a trademark pending on, or filed on or 
after, the effective date of this Act [probably should be ``this 
title'', see section 110 of Pub. L. 105-330, set out as an Effective 
Date of 1998 Amendment note below].''
    Pub. L. 105-330, title I, Sec. 110, Oct. 30, 1998, 112 Stat. 3069, 
provided that: ``This title [see Short Title of 1998 Amendment note 
below] and the amendments made by this title shall take effect--
        ``(1) on the date that is 1 year after the date of the enactment 
    of this Act [Oct. 30, 1998], or
        ``(2) upon the entry into force of the Trademark Law Treaty with 
    respect to the United States [Aug. 12, 2000],
whichever occurs first.''
    Pub. L. 105-330, title II, Sec. 201(b), Oct. 30, 1998, 112 Stat. 
3070, provided that: ``The amendments made by this section [amending 
this section and sections 1052, 1057, 1064, 1091, 1094, 1113 to 1115, 
1121, and 1124 of this title] shall take effect on the date of enactment 
of this Act [Oct. 30, 1998], and shall apply 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.''


                    Effective Date of 1988 Amendment

    Section 136 of title I of Pub. L. 100-667 provided that: ``This 
title and the amendments made by this title [see Short Title of 1988 
Amendment note below] shall become effective on the date which is one 
year after the date of enactment of this Act [Nov. 16, 1988].''


                    Effective Date of 1975 Amendment

    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.


                             Effective Date

    Section 46(a) of act July 5, 1946, provided that this chapter shall 
be in force and take effect one year from July 5, 1946.


                     Short Title of 1999 Amendments

    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, Sec. 3001(a)], 
Nov. 29, 1999, 113 Stat. 1536, 1501A-545, provided that: ``This title 
[enacting section 1129 of this title, amending sections 1114, 1116, 
1117, 1125, and 1127 of this title, section 470a of Title 16, 
Conservation, and section 1338 of Title 28, Judiciary and Judicial 
Procedure, and enacting provisions set out as notes under this section 
and sections 1117 and 1125 of this title] may be cited as the 
`Anticybersquatting Consumer Protection Act'.''
    Pub. L. 106-43, Sec. 1, Aug. 5, 1999, 113 Stat. 218, provided that: 
``This Act [amending sections 1052 to 1054, 1060, 1063, 1064, 1091, 
1092, 1114, 1116 to 1118, 1122, and 1124 to 1127 of this title, enacting 
provisions set out as a note under section 1052 of this title, and 
amending provisions set out as a note under this section] may be cited 
as the `Trademarks Amendments Act of 1999'.''


                      Short Title of 1998 Amendment

    Pub. L. 105-330, title I, Sec. 101, Oct. 30, 1998, 112 Stat. 3064, 
provided that: ``This title [amending this section and sections 1058 to 
1060, 1062, and 1126 of this title and enacting provisions set out as 
notes under this section and sections 1058 and 1059 of this title] may 
be cited as the `Trademark Law Treaty Implementation Act'.''


                      Short Title of 1996 Amendment

    Pub. L. 104-98, Sec. 1, Jan. 16, 1996, 109 Stat. 985, provided that: 
``This Act [amending sections 1125 and 1127 of this title and enacting 
provisions set out as a note under section 1125 of this title] may be 
cited as the `Federal Trademark Dilution Act of 1995'.''


                      Short Title of 1992 Amendment

    Pub. L. 102-542, Sec. 1, Oct. 27, 1992, 106 Stat. 3567, provided 
that: ``This Act [enacting section 1122 of this title, amending sections 
1114, 1125, and 1127 of this title, and enacting provisions set out as a 
note under section 1114 of this title] may be cited as the `Trademark 
Remedy Clarification Act'.''


                      Short Title of 1988 Amendment

    Section 101 of title I of Pub. L. 100-667 provided that: ``This 
title [amending this section and sections 1052 to 1060, 1062 to 1066, 
1068, 1069, 1071, 1091, 1092, 1094, 1095, 1111, 1112, 1114 to 1118, 
1121, and 1125 to 1127 of this title, redesignating section 1121a of 
this title as section 1121(b) of this title, and enacting provisions set 
out as notes under sections 1051 and 1058 of this title] may be cited as 
the `Trademark Law Revision Act of 1988'.''


                      Short Title of 1984 Amendment

    Pub. L. 98-620, title I, Sec. 101, Nov. 8, 1984, 98 Stat. 3335, 
provided that: ``This title [amending sections 1064 and 1127 of this 
title and enacting provisions set out as a note under section 1064 of 
this title] may be cited as the `Trademark Clarification Act of 1984'.''


                               Short Title

    Act July 5, 1946, ch. 540, 60 Stat. 427, which is classified to this 
chapter, is popularly known as the ``Lanham Act'' and also as the 
``Trademark Act of 1946''.


   Repeal of Inconsistent Provisions; Certain Provisions Not Affected

    Section 46(a) of act July 5, 1946, as amended by Pub. L. 106-43, 
Sec. 6(b), Aug. 5, 1999, 113 Stat. 220, provided in part that all acts 
and parts of acts inconsistent with this chapter are repealed effective 
one year from July 5, 1946, but that ``nothing contained in this Act 
[this chapter] shall be construed as limiting, restricting, modifying, 
or repealing any statute in force on the effective date of this Act 
[July 5, 1947] which does not relate to trademarks, or as restricting or 
increasing the authority of any Federal department or regulatory agency 
except as may be specifically provided in this Act [this chapter].''
    Section 48 of act July 5, 1946, provided that: ``Section 4 of the 
Act of January 5, 1905 (U.S.C., title 36, sec. 4), as amended, entitled 
`An Act to incorporate the National Red Cross' [see 18 U.S.C. 706], and 
section 7 of the Act of June 15, 1916 (U.S.C., title 36, sec. 27), 
entitled `An Act to incorporate the Boy Scouts of America, and for other 
purposes' [see 36 U.S.C. 30905], and the Act of June 20, 1936 (U.S.C., 
title 22, sec. 248), entitled `An Act to prohibit the commercial use of 
the coat of arms of the Swiss Confederation' [see 18 U.S.C. 708], are 
not repealed or affected by this Act.''


                            Savings Provision

    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, Sec. 3008], 
Nov. 29, 1999, 113 Stat. 1536, 1501A-551, provided that: ``Nothing in 
this title [see Short Title of 1999 Amendments note above] shall affect 
any defense available to a defendant under the Trademark Act of 1946 [15 
U.S.C. 1051 et seq.] (including any defense under section 43(c)(4) of 
such Act [15 U.S.C. 1125(c)(4)] or relating to fair use) or a person's 
right of free speech or expression under the first amendment of the 
United States Constitution.''


                              Separability

    Section 50 of act July 5, 1946, provided that: ``If any provision of 
this Act [this chapter] or the application of such provision to any 
person or circumstance is held invalid, the remainder of the Act shall 
not be affected thereby.''

                          Transfer of Functions

    For transfer of functions of other officers, employees, and agencies 
of Department of Commerce to Secretary of Commerce, with certain 
exceptions, see Reorg. Plan No. 5 of 1950, Secs. 1, 2, eff. May 24, 
1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, 
Government Organization and Employees.


  Pending Proceedings and Existing Registration and Rights Under Prior 
                                  Acts

    Section 46(a) of act July 5, 1946, provided in part that this 
chapter, except as otherwise specifically provided therein, shall not 
affect any suit, proceeding or appeal pending on the effective date of 
this chapter and that the repeal of all inconsistent acts ``shall not 
affect the validity of registrations granted or applied for under any of 
said Acts prior to the effective date of this Act [July 5, 1947], or 
rights or remedies thereunder except as provided in sections 8, 12, 14, 
15, and 47 of this Act [sections 1058, 1062, 1064, and 1065 of this 
title and note under this section].''
    Sections 46(b) and 47 of act July 5, 1946, provided:
    ``(b) Registrations now existing under the Act of March 3, 1881, or 
the Act of February 20, 1905 [sections 81 to 109 of this title], shall 
continue in full force and effect for the unexpired terms thereof and 
may be renewed under the provisions of section 9 of this Act [section 
1059 of this title]. Such registrations and the renewals thereof shall 
be subject to and shall be entitled to the benefits of the provisions of 
this Act [this chapter] to the same extent and with the same force and 
effect as though registered on the principal register established by 
this Act [this chapter] except as limited in sections 8, 12, 14, and 15 
of this Act [sections 1058, 1062, 1064, 1065, of this title]. Marks 
registered under the `ten-year proviso' of section 5 of the Act of 
February 20, 1905, as amended [former section 85 of this title], shall 
be deemed to have become distinctive of the registrant's goods in 
commerce under paragraph (f) of section 2 of this Act [section 1052 of 
this title] and may be renewed under section 9 hereof [section 1059 of 
this title] as marks coming within said paragraph.
    ``Registrations now existing under the Act of March 19, 1920 [former 
sections 121 to 128 of this title], shall expire six months after the 
effective date of this Act [July 5, 1947], or twenty years from the 
dates of their registrations, whichever date is later. Such 
registrations shall be subject to and entitled to the benefits of the 
provisions of this Act [this chapter] relating to marks registered on 
the supplemental register established by this Act [this chapter], and 
may not be renewed unless renewal is required to support foreign 
registrations. In that event renewal may be effected on the supplemental 
register under the provisions of section 9 of this Act [section 1059 of 
this title].
    ``Marks registered under previous Acts may, if eligible, also be 
registered under this Act [this chapter].
    ``Sec. 47. (a) All applications for registration pending in the 
Patent Office at the effective date of this Act [July 5, 1947] may be 
amended, if practicable, to bring them under the provisions of this Act 
[this chapter]. The prosecution of such applications so amended and the 
grant of registrations thereon shall be proceeded with in accordance 
with the provisions of this Act [this chapter]. If such amendments are 
not made, the prosecution of said applications shall be proceeded with 
and registrations thereon granted in accordance with the Acts under 
which said applications were filed, and said Acts are hereby continued 
in force to this extent and for this purpose only, notwithstanding the 
foregoing general repeal thereof.
    ``(b) In any case in which an appeal is pending before the United 
States Court of Customs and Patent Appeals or any United States Circuit 
Court of Appeals or the United States Court of Appeals for the District 
of Columbia or the United States Supreme Court at the effective date of 
this Act [July 5, 1947], the court, if it be of the opinion that the 
provisions of this Act [this chapter] are applicable to the subject 
matter of the appeal, may apply such provision or may remand the case to 
the Commissioner [now Director] or to the district court for the taking 
of additional evidence or a new trial or for reconsideration of the 
decision on the record as made, as the appellate court may deem 
proper.''
    Section 49 of said act July 5, 1946, provided: ``Nothing herein [in 
this chapter] shall adversely affect the rights or the enforcement of 
rights in marks acquired in good faith prior to the effective date of 
this Act [July 5, 1947].''


    Emergency Relief From Postal Situation Affecting Trademark Cases

    Relief as to filing date of trademark application or registration 
and excusal of delayed fees or actions affected by postal situation 
beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970, see 
note set out under section 111 of Title 35, Patents.

                  Section Referred to in Other Sections

    This section is referred to in sections 1060, 1062, 1063, 1068, 
1071, 1091, 1092, 1094, 1126 of this title.
