
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: 15USC1121]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 1121. Jurisdiction of Federal courts; State and local 
        requirements that registered trademarks be altered or displayed 
        differently; prohibition
        
    (a) The district and territorial courts of the United States shall 
have original jurisdiction and the courts of appeal of the United States 
(other than the United States Court of Appeals for the Federal Circuit) 
shall have appellate jurisdiction, of all actions arising under this 
chapter, without regard to the amount in controversy or to diversity or 
lack of diversity of the citizenship of the parties.
    (b) No State or other jurisdiction of the United States or any 
political subdivision or any agency thereof may require alteration of a 
registered mark, or require that additional trademarks, service marks, 
trade names, or corporate names that may be associated with or 
incorporated into the registered mark be displayed in the mark in a 
manner differing from the display of such additional trademarks, service 
marks, trade names, or corporate names contemplated by the registered 
mark as exhibited in the certificate of registration issued by the 
United States Patent and Trademark Office.

(July 5, 1946, ch. 540, title VI, Sec. 39, formerly Secs. 39 and 39a, 60 
Stat. 440; Pub. L. 97-164, title I, Sec. 148, Apr. 2, 1982, 96 Stat. 46; 
Pub. L. 97-296, Oct. 12, 1982, 96 Stat. 1316; Pub. L. 100-667, title I, 
Sec. 131, Nov. 16, 1988, 102 Stat. 3946; Pub. L. 105-330, title II, 
Sec. 201(a)(10), Oct. 30, 1998, 112 Stat. 3070.)

                          Codification

    Pub. L. 100-667, Sec. 131(b)(1), transferred section 39a of act July 
5, 1946, which was classified to section 1121a of this title, to subsec. 
(b) of this section.
    In subsec. (a), the words ``and the United States Court of Appeals 
for the District of Columbia'' following ``the Courts of Appeal of the 
United States'' have been deleted as superfluous in view of section 41 
of Title 28, Judiciary and Judicial Procedure, which includes the 
District of Columbia within the eleven judicial circuits of the United 
States. The word ``and'' has been inserted preceding ``the courts of 
appeal of the United States'' to preserve the conjunctive sense of the 
sentence.


                            Prior Provisions

    Acts Feb. 20, 1905, ch. 592, Sec. 17, 33 Stat. 728; Mar. 3, 1911, 
ch. 231, Sec. 291, 36 Stat. 1167; June 7, 1934, ch. 426, 48 Stat. 926; 
June 25, 1936, ch. 804, 49 Stat. 1921.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-330 substituted ``courts'' for 
``circuit courts'' before ``of appeal of the United States''.
    1988--Subsec. (a). Pub. L. 100-667, Sec. 131(a), designated existing 
provisions as subsec. (a).
    Subsec. (b). Pub. L. 100-667, Sec. 131(b), redesignated section 
1121a of this title as subsec. (b) of this section and substituted 
``service marks'' for ``servicemarks'' in two places.
    1982--Pub. L. 97-164 inserted ``(other than the United States Court 
of Appeals for the Federal Circuit)''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-330 effective Oct. 30, 1998, and applicable 
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, see section 201(b) of Pub. L. 105-330, set 
out as a note under section 1051 of this title.


                    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.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                  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.
