
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: 15USC1054]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                  SUBCHAPTER I--THE PRINCIPAL REGISTER
 
Sec. 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 this chapter, in the same manner and with the same effect as are 
trademarks, by persons, and nations, States, municipalities, and the 
like, exercising legitimate control over the use of the marks sought to 
be registered, even though not possessing an industrial or commercial 
establishment, and when registered they shall be entitled to the 
protection provided in this chapter in the case of trademarks, except in 
the case of certification marks when used so as to represent falsely 
that the owner or a user thereof makes or sells the goods or performs 
the services on or in connection with which such mark is used. 
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. 4, 60 Stat. 429; Pub. L. 100-667, 
title I, Sec. 106, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106-43, 
Sec. 6(b), Aug. 5, 1999, 113 Stat. 220.)


                            Prior Provisions

    Acts Feb. 20, 1905, ch. 592, Sec. 1, 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.


                               Amendments

    1999--Pub. L. 106-43 substituted ``trademarks'' for ``trade-marks'' 
wherever appearing.
    1988--Pub. L. 100-667 substituted ``origin,'' for ``origin used in 
commerce,'' and ``except in the case of certification marks when'' for 
``except when'' and struck out after first sentence ``The Commissioner 
may establish a separate register for such collective marks and 
certification 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 sections 1052, 1064, 1126 of this 
title.
