
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: 15USC1127]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 1127. Construction and definitions; intent of chapter

    In the construction of this chapter, unless the contrary is plainly 
apparent from the context--
    The United States includes and embraces all territory which is under 
its jurisdiction and control.
    The word ``commerce'' means all commerce which may lawfully be 
regulated by Congress.
    The term ``principal register'' refers to the register provided for 
by sections 1051 to 1072 of this title, and the term ``supplemental 
register'' refers to the register provided for by sections 1091 to 1096 
of this title.
    The term ``person'' and any other word or term used to designate the 
applicant or other entitled to a benefit or privilege or rendered liable 
under the provisions of this chapter includes a juristic person as well 
as a natural person. The term ``juristic person'' includes a firm, 
corporation, union, association, or other organization capable of suing 
and being sued in a court of law.
    The term ``person'' also includes the United States, any agency or 
instrumentality thereof, or any individual, firm, or corporation acting 
for the United States and with the authorization and consent of the 
United States. The United States, any agency or instrumentality thereof, 
and any individual, firm, or corporation acting for the United States 
and with the authorization and consent of the United States, shall be 
subject to the provisions of this chapter in the same manner and to the 
same extent as any nongovernmental entity.
    The term ``person'' also includes any State, any instrumentality of 
a State, and any officer or employee of a State or instrumentality of a 
State acting in his or her official capacity. Any State, and any such 
instrumentality, officer, or employee, shall be subject to the 
provisions of this chapter in the same manner and to the same extent as 
any nongovernmental entity.
    The terms ``applicant'' and ``registrant'' embrace the legal 
representatives, predecessors, successors and assigns of such applicant 
or registrant.
    The term ``Director'' means the Under Secretary of Commerce for 
Intellectual Property and Director of the United States Patent and 
Trademark Office.
    The term ``related company'' means any person whose use of a mark is 
controlled by the owner of the mark with respect to the nature and 
quality of the goods or services on or in connection with which the mark 
is used.
    The terms ``trade name'' and ``commercial name'' mean any name used 
by a person to identify his or her business or vocation.
    The term ``trademark'' includes any word, name, symbol, or device, 
or any combination thereof--
        (1) used by a person, or
        (2) which a person has a bona fide intention to use in commerce 
    and applies to register on the principal register established by 
    this chapter,

to identify and distinguish his or her goods, including a unique 
product, from those manufactured or sold by others and to indicate the 
source of the goods, even if that source is unknown.
    The term ``service mark'' means any word, name, symbol, or device, 
or any combination thereof--
        (1) used by a person, or
        (2) which a person has a bona fide intention to use in commerce 
    and applies to register on the principal register established by 
    this chapter,

to identify and distinguish the services of one person, including a 
unique service, from the services of others and to indicate the source 
of the services, even if that source is unknown. Titles, character 
names, and other distinctive features of radio or television programs 
may be registered as service marks notwithstanding that they, or the 
programs, may advertise the goods of the sponsor.
    The term ``certification mark'' means any word, name, symbol, or 
device, or any combination thereof--
        (1) used by a person other than its owner, or
        (2) which its owner has a bona fide intention to permit a person 
    other than the owner to use in commerce and files an application to 
    register on the principal register established by this chapter,

to certify regional or other origin, material, mode of manufacture, 
quality, accuracy, or other characteristics of such person's goods or 
services or that the work or labor on the goods or services was 
performed by members of a union or other organization.
    The term ``collective mark'' means a trademark or service mark--
        (1) used by the members of a cooperative, an association, or 
    other collective group or organization, or
        (2) which such cooperative, association, or other collective 
    group or organization has a bona fide intention to use in commerce 
    and applies to register on the principal register established by 
    this chapter,

and includes marks indicating membership in a union, an association, or 
other organization.
    The term ``mark'' includes any trademark, service mark, collective 
mark, or certification mark.
    The term ``use in commerce'' means the bona fide use of a mark in 
the ordinary course of trade, and not made merely to reserve a right in 
a mark. For purposes of this chapter, a mark shall be deemed to be in 
use in commerce--
        (1) on goods when--
            (A) it is placed in any manner on the goods or their 
        containers or the displays associated therewith or on the tags 
        or labels affixed thereto, or if the nature of the goods makes 
        such placement impracticable, then on documents associated with 
        the goods or their sale, and
            (B) the goods are sold or transported in commerce, and

        (2) on services when it is used or displayed in the sale or 
    advertising of services and the services are rendered in commerce, 
    or the services are rendered in more than one State or in the United 
    States and a foreign country and the person rendering the services 
    is engaged in commerce in connection with the services.

    A mark shall be deemed to be ``abandoned'' if either of the 
following occurs:
        (1) When its use has been discontinued with intent not to resume 
    such use. Intent not to resume may be inferred from circumstances. 
    Nonuse for 3 consecutive years shall be prima facie evidence of 
    abandonment. ``Use'' of a mark means the bona fide use of such mark 
    made in the ordinary course of trade, and not made merely to reserve 
    a right in a mark.
        (2) When any course of conduct of the owner, including acts of 
    omission as well as commission, causes the mark to become the 
    generic name for the goods or services on or in connection with 
    which it is used or otherwise to lose its significance as a mark. 
    Purchaser motivation shall not be a test for determining abandonment 
    under this paragraph.

    The term ``dilution'' means the lessening of the capacity of a 
famous mark to identify and distinguish goods or services, regardless of 
the presence or absence of--
        (1) competition between the owner of the famous mark and other 
    parties, or
        (2) likelihood of confusion, mistake, or deception.

    The term ``colorable imitation'' includes any mark which so 
resembles a registered mark as to be likely to cause confusion or 
mistake or to deceive.
    The term ``registered mark'' means a mark registered in the United 
States Patent and Trademark Office under this chapter or under the Act 
of March 3, 1881, or the Act of February 20, 1905, or the Act of March 
19, 1920. The phrase ``marks registered in the Patent and Trademark 
Office'' means registered marks.
    The term ``Act of March 3, 1881'', ``Act of February 20, 1905'', or 
``Act of March 19, 1920'', means the respective Act as amended.
    A ``counterfeit'' is a spurious mark which is identical with, or 
substantially indistinguishable from, a registered mark.
    The term ``domain name'' means any alphanumeric designation which is 
registered with or assigned by any domain name registrar, domain name 
registry, or other domain name registration authority as part of an 
electronic address on the Internet.
    The term ``Internet'' has the meaning given that term in section 
230(f)(1) of title 47.
    Words used in the singular include the plural and vice versa.
    The intent of this chapter is to regulate commerce within the 
control of Congress by making actionable the deceptive and misleading 
use of marks in such commerce; to protect registered marks used in such 
commerce from interference by State, or territorial legislation; to 
protect persons engaged in such commerce against unfair competition; to 
prevent fraud and deception in such commerce by the use of 
reproductions, copies, counterfeits, or colorable imitations of 
registered marks; and to provide rights and remedies stipulated by 
treaties and conventions respecting trademarks, trade names, and unfair 
competition entered into between the United States and foreign nations.

(July 5, 1946, ch. 540, title X, Sec. 45, 60 Stat. 443; Pub. L. 87-772, 
Sec. 21, Oct. 9, 1962, 76 Stat. 774; Pub. L. 93-596, Sec. 1, Jan. 2, 
1975, 88 Stat. 1949; Pub. L. 98-620, title I, Sec. 103, Nov. 8, 1984, 98 
Stat. 3335; Pub. L. 100-667, title I, Sec. 134, Nov. 16, 1988, 102 Stat. 
3946; Pub. L. 102-542, Sec. 3(d), Oct. 27, 1992, 106 Stat. 3568; Pub. L. 
103-465, title V, Sec. 521, Dec. 8, 1994, 108 Stat. 4981; Pub. L. 104-
98, Sec. 4, Jan. 16, 1996, 109 Stat. 986; Pub. L. 106-43, Secs. 4(c), 
6(b), Aug. 5, 1999, 113 Stat. 219, 220; Pub. L. 106-113, div. B, 
Sec. 1000(a)(9) [title III, Sec. 3005, title IV, Sec. 4732(b)(1)(A)], 
Nov. 29, 1999, 113 Stat. 1536, 1501A-550, 1501A-583.)

                       References in Text

    Acts March 3, 1881, February 20, 1905, and March 19, 1920, referred 
to in text, are acts Mar. 3, 1881, ch. 138, 21 Stat. 502; Feb. 20, 1905, 
ch. 592, 33 Stat. 724; and Mar. 19, 1920, ch. 104, 41 Stat. 533, which 
were repealed insofar as inconsistent with this chapter by act July 5, 
1946, ch. 540, Sec. 46(a), 60 Stat. 444. Act Feb. 20, 1905, was 
classified to sections 81 to 109 of this title. Act Mar. 19, 1920, had 
been generally classified to sections 121 to 128 of this title.


                            Prior Provisions

    Acts Feb. 20, 1905, ch. 592, Sec. 29, 33 Stat. 731; June 10, 1938, 
ch. 332, Sec. 5, 52 Stat. 639.


                               Amendments

    1999--Pub. L. 106-113, Sec. 1000(a)(9) [title IV, 
Sec. 4732(b)(1)(A)], substituted par. defining ``Director'' for par. 
which read as follows: ``The term `Commissioner' means the Commissioner 
of Patents and Trademarks.''
    Pub. L. 106-113, Sec. 1000(a)(9) [title III, Sec. 3005], inserted 
pars. defining ``domain name'' and ``Internet'' after par. defining 
``counterfeit''.
    Pub. L. 106-43, Sec. 6(b), substituted ``trademarks'' for ``trade-
marks'' in last undesignated par.
    Pub. L. 106-43, Sec. 4(c), between pars. defining ``person'' 
inserted: ``The term `person' also includes the United States, any 
agency or instrumentality thereof, or any individual, firm, or 
corporation acting for the United States and with the authorization and 
consent of the United States. The United States, any agency or 
instrumentality thereof, and any individual, firm, or corporation acting 
for the United States and with the authorization and consent of the 
United States, shall be subject to the provisions of this chapter in the 
same manner and to the same extent as any nongovernmental entity.''
    1996--Pub. L. 104-98 inserted par. defining ``dilution'' after par. 
defining ``abandoned''.
    1994--Pub. L. 103-465 amended par. defining ``abandoned'' generally. 
Prior to amendment, par. read as follows: ``A mark shall be deemed to be 
`abandoned' when either of the following occurs:
        ``(1) When its use has been discontinued with intent not to 
    resume such use. Intent not to resume may be inferred from 
    circumstances. Nonuse for two consecutive years shall be prima facie 
    evidence of abandonment. `Use' of a mark means the bona fide use of 
    that mark made in the ordinary course of trade, and not made merely 
    to reserve a right in a mark.
        ``(2) When any course of conduct of the owner, including acts of 
    omission as well as commission, causes the mark to become the 
    generic name for the goods or services on or in connection with 
    which it is used or otherwise to lose its significance as a mark. 
    Purchaser motivation shall not be a test for determining abandonment 
    under this paragraph.''
    1992--Pub. L. 102-542 inserted after fourth undesignated par. ``The 
term `person' also includes any State, any instrumentality of a State, 
and any officer or employee of a State or instrumentality of a State 
acting in his or her official capacity. Any State, and any such 
instrumentality, officer, or employee, shall be subject to the 
provisions of this chapter in the same manner and to the same extent as 
any nongovernmental entity.''
    1988--Pub. L. 100-667, Sec. 134(1), amended par. defining ``related 
company'' generally. Prior to amendment, par. read as follows: ``The 
term `related company' means any person who legitimately controls or is 
controlled by the registrant or applicant for registration in respect to 
the nature and quality of the goods or services in connection with which 
the mark is used.''
    Pub. L. 100-667, Sec. 134(2), amended par. defining ``trade name'' 
and ``commercial name'' generally. Prior to amendment, par. read as 
follows: ``The terms `trade name' and `commercial name' include 
individual names and surnames, firm names and trade names used by 
manufacturers, industrialists, merchants, agriculturists, and others to 
identify their businesses, vocations, or occupations; the names or 
titles lawfully adopted and used by persons, firms, associations, 
corporations, companies, unions, and any manufacturing, industrial, 
commercial, agricultural, or other organizations engaged in trade or 
commerce and capable of suing and being sued in a court of law.''
    Pub. L. 100-667, Sec. 134(3), amended par. defining ``trademark'' 
generally. Prior to amendment, par. read as follows: ``The term 
`trademark' includes any word, name, symbol, or device or any 
combination thereof adopted and used by a manufacturer or merchant to 
identify and distinguish his goods, including a unique product, from 
those manufactured or sold by others and to indicate the source of the 
goods, even if that source is unknown.''
    Pub. L. 100-667, Sec. 134(4), amended par. defining ``service mark'' 
generally. Prior to amendment, par. read as follows: ``The term `service 
mark' means a mark used in the sale or advertising of services to 
identify and distinguish the services of one person, including a unique 
service, from the services of others and to indicate the source of the 
services, even if that source is unknown. Titles, character names and 
other distinctive features of radio or television programs may be 
registered as service marks notwithstanding that they, or the programs, 
may advertise the goods of the sponsor.''
    Pub. L. 100-667, Sec. 134(5), amended par. defining ``certification 
mark'' generally. Prior to amendment, par. read as follows: ``The term 
`certification mark' means a mark used upon or in connection with the 
products or services of one or more persons other than the owner of the 
mark to certify regional or other origin, material, mode of manufacture, 
quality, accuracy or other characteristics of such goods or services or 
that the work or labor on the goods or services was performed by members 
of a union or other organization.''
    Pub. L. 100-667, Sec. 134(6), amended par. defining ``collective 
mark'' generally. Prior to amendment, par. read as follows: ``The term 
`collective mark' means a trade-mark or service mark used by the members 
of a cooperative, an association or other collective group or 
organization and includes marks used to indicate membership in a union, 
an association or other organization.''
    Pub. L. 100-667, Sec. 134(7), amended par. defining ``mark'' 
generally. Prior to amendment, par. read as follows: ``The term `mark' 
includes any trade-mark, service mark, collective mark, or certification 
mark entitled to registration under this chapter whether registered or 
not.''
    Pub. L. 100-667, Sec. 134(8), substituted par. defining ``use in 
commerce'' for former par. which read as follows: ``For the purposes of 
this chapter a mark shall be deemed to be used in commerce (a) on goods 
when it is placed in any manner on the goods or their containers or the 
displays associated therewith or on the tags or labels affixed thereto 
and the goods are sold or transported in commerce and (b) on services 
when it is used or displayed in the sale or advertising of services and 
the services are rendered in commerce, or the services are rendered in 
more than one State or in this and a foreign country and the person 
rendering the services is engaged in commerce in connection therewith.'' 
and par. providing when a mark is deemed abandoned for former par. which 
read as follows: ``A mark shall be deemed to be `abandoned'--
    ``(a) When its use has been discontinued with intent not to resume. 
Intent not to resume may be inferred from circumstances. Nonuse for two 
consecutive years shall be prima facie abandonment.
    ``(b) When any course of conduct of the registrant, including acts 
of omission as well as commission, causes the mark to lose its 
significance as an indication of origin. Purchaser motivation shall not 
be a test for determining abandonment under this subparagraph.''
    1984--Pub. L. 98-620, Sec. 103(1), in definition of ``trademark'' 
substituted ``trademark'' for ``trade-mark'', and substituted ``identify 
and distinguish his goods, including a unique product, from those 
manufactured or sold by others and to indicate the source of the goods, 
even if that source is unknown'' for ``identify his goods and 
distinguish them from those manufactured or sold by others''.
    Pub. L. 98-620, Sec. 103(2), in definition of ``service mark'' 
substituted ``The term `service mark' means a mark used in the sale or 
advertising of services to identify and distinguish the services of one 
person, including a unique service, from the services of others and to 
indicate the source of the services, even if that source is unknown'' 
for ``The term `service mark' means a mark used in the sale or 
advertising of services to identify the services of one person and 
distinguish them from the services of others''.
    Pub. L. 98-620, Sec. 103(3), in subpar. (b) of par. relating to when 
a mark shall be deemed to be ``abandoned'', inserted ``Purchaser 
motivation shall not be a test for determining abandonment under this 
subparagraph.''
    1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for 
``Patent Office'' in two places and ``Commissioner of Patents and 
Trademarks'' for ``Commissioner of Patents'' in definition of 
``Commissioner''.
    1962--Pub. L. 87-772 substituted, ``predecessors,'' for ``and'' in 
definition of ``applicant'' and ``registrant'', ``Titles, character 
names and other distinctive features of radio or television programs may 
be registered as service marks notwithstanding that they, or the 
programs, may advertise the goods of the sponsor'' for ``and includes 
without limitation the marks, names, symbols, titles, designations, 
slogans, character names, and distinctive features of radio or other 
advertising used in commerce'', in definition of ``service mark'', 
inserted ``or the services are rendered in more than one State or in 
this and a foreign country and the person rendering the services is 
engaged in commerce in connection therewith'' in fifteenth paragraph 
relating to use in commerce, struck out ``purchasers'' after ``deceive'' 
in definition of ``colorable imitation'', and substituted ``commerce'' 
for ``commence'' in last par. relating to the intent of the chapter.


                    Effective Date of 1999 Amendment

    Amendment by section 1000(a)(9) [title III, Sec. 3005] of Pub. L. 
106-113 applicable to all domain names registered before, on, or after 
Nov. 29, 1999, see section 1000(a)(9) [title III, Sec. 3010] of Pub. L. 
106-113, set out as a note under section 1117 of this title.
    Amendment by section 1000(a)(9) [title IV, Sec. 4732(b)(1)(A)] of 
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 1994 Amendment

    Amendment by Pub. L. 103-465 effective one year after the date on 
which the WTO Agreement enters into force with respect to the United 
States [Jan. 1, 1995], see section 523 of Pub. L. 103-465, set out as a 
note under section 1052 of this title.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-542 effective with respect to violations 
that occur on or after Oct. 27, 1992, see section 4 of Pub. L. 102-542, 
set out as a note under section 1114 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 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.


                  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 1129 of this title; title 19 
sections 1526, 1595a.
