
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1053]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                  SUBCHAPTER I--THE PRINCIPAL REGISTER
 
Sec. 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 in this chapter 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.

(July 5, 1946, ch. 540, title I, Sec. 3, 60 Stat. 429; Pub. L. 100-667, 
title I, Sec. 105, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106-43, 
Sec. 6(b), Aug. 5, 1999, 113 Stat. 220.)


                               Amendments

    1999--Pub. L. 106-43 substituted ``trademarks'' for ``trade-marks'' 
wherever appearing.
    1988--Pub. L. 100-667 struck out ``used in commerce'' after 
``applicable, service marks'' and ``, except when used so as to 
represent falsely that the owner thereof makes or sells the goods on 
which such mark is used. The Commissioner may establish a separate 
register for such service marks'' after ``case of trade-marks''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-667 effective one year after Nov. 16, 1988, 
see section 136 of Pub. L. 100-667, set out as a note under section 1051 
of this title.


                  Repeal and Effect on Existing Rights

    Repeal of inconsistent provisions, effect of this chapter on pending 
proceedings and existing registrations and rights under prior acts, see 
notes set out under section 1051 of this title.

                          Transfer of Functions

    For transfer of functions of other officers, employees, and agencies 
of Department of Commerce, with certain exceptions, to Secretary of 
Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, 
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.

                  Section Referred to in Other Sections

    This section is referred to in section 1126 of this title.
