United States Code

EFFECTIVE DATE Chapter to be in force and take effect one year from July 5, 1946, see 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, and saving clause, see notes under section 1051 of this title.

TRANSFER OF FUNCTIONS

The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees. FEDERAL RULES OF CIVIL PROCEDURE

Judgment, see rule 54, following section 2072 of Title 28, Judiciary and Judicial Procedure.

§ 1120. Same; civil liability for false or fraudulent registration.

Any person who shall procure registration in the Patent Office of a mark by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages sustained in consequence thereof. (July 5, 1946, ch. 540, title VI, § 38, 60 Stat. 440.)

DERIVATION

Act Feb. 20, 1905, ch. 592, § 25, 33 Stat. 730.

EFFECTIVE DATE

Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

TRANSFER OF FUNCTIONS

The district and territorial courts of the United States shall have original jurisdiction and the courts of appeal of the United States 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. (July 5, 1946, ch. 541, title VI, § 39, 60 Stat. 440; June 25, 1948, ch. 646, §§ 1, 32 (a), 62 Stat. 870, 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.)

DERIVATION

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

CODIFICATION

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.

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, substituted "court of appeals" in lieu of "circuit court of appeals".

EFFECTIVE DATE

Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

CROSS REFERENCES

District courts vested with jurisdiction of

Civil actions arising under any Act of Congress relating to trade-marks, see section 1338 (a) of Title 28, Judiciary and Judicial Procedure.

Civil actions asserting a claim of unfair competition when joined with a substantial and related claim under the trade-mark laws, see section 1338 (b) of Title 28, Judiciary and Judicial Procedure.

Civil actions for injunction against infringement of a registered trade-mark, see section 1116 of this title.

District in which trade-mark infringement action to be brought, see section 1391 (b) of Title 28, Judiciary and Judicial Procedure.

§ 1122. Repealed. May 24, 1949, ch. 139, § 142, 63 Stat. 109.

Section, act July 5, 1946, ch. 540, title VI, § 40, 60 Stat. 440, which derived from act Feb. 20, 1905, ch. 592, § 18, 33 Stat. 729, related to review of cases by the Supreme Court, and is now covered by section 1254 of Title 28, Judiciary and Judicial Procedure.

§ 1123. Rules and regulations for conduct of proceedings in Patent Office.

The Commissioner shall make rules and regulations, not inconsistent with law, for the conduct of proceedings in the Patent Office under this chapter. (July 5, 1946, ch. 540, title VI, § 41, 60 Stat. 440.)

DERIVATION

Feb. 20, 1905, ch. 592, § 26, 33 Stat. 730.

EFFECTIVE DATE

Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

TRANSFER OF FUNCTIONS

RULES OF PRACTICE IN TRADE-MARK CASES Rules are set out in Appendix to this title. Amendments of rules, see § 100.391 et seq., set out in Appendix to this title.

§ 1124. Importation of goods bearing infringing marks or names forbidden.

No article of imported merchandise which shall copy or simulate the name of the any domestic manufacture, or manufacturer, or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copy or simulate a trade-mark registered in accordance with the provisions of this chapter or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any customhouse of the United States; and, in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, convention, declaration, or agreement between the United States and any foreign country to the advantages afforded by law to citizens of the United States in respect to trademarks and commercial names, may require his name and residence, and the name of the locality in which his goods are manufactured, and a copy of the certificate of registration of his trade-mark, issued in accordance with the provisions of this chapter, to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department facsimiles of his name, the name of the locality in which his goods are manufactured, or of his registered trade-mark, and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs. (July 5, 1946, ch. 540, title VII, § 42, 60 Stat. 440.)

DERIVATION

Feb. 20, 1905, ch. 592, § 27, 33 Stat. 730.

EFFECTIVE DATE

Chapter to be in force and take effect one year from July 5, 1946, see 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, and saving clause, see notes under section 1051 of this title.

CROSS REFERENCES

Importation of foreign goods bearing trade-mark owned and registered in United States prohibited, see section 1526 of Title 19, Customs Duties.

Supplemental register, section inapplicable to trademarks on, see section 1094 of this title.

§ 1125. False designations of origin and false descriptions forbidden.

(a) Any person who shall affix, apply, or annex, or use in connection with any goods or services, or any

1 So in original.

container or containers for goods, a false designation of origin, or any false description or representation, including words or other symbols tending falsely to describe or represent the same, and shall cause such goods or services to enter into commerce, and any person who shall with knowledge of the falsity of such designation of origin or description or representation cause or procure the same to be transported or used in commerce or deliver the same to any carrier to be transported or used, shall be liable to a civil action by any person doing business in the locality falsely indicated as that of origin or in the region in which said locality is situated, or by any person who believes that he is or is likely to be damaged by the use of any such false description or representation.

(b) Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, importer, or consignee of goods refused entry at any customhouse under this section may have any recourse by protest or appeal that is given under the customs revenue laws or may have the remedy given by this chapter in cases involving goods refused entry or seized. (July 5, 1946, ch. 540, title VIII, § 43, 60 Stat. 441.)

DERIVATION

Mar. 19, 1920, ch. 104, § 3, 41 Stat. 534.
EFFECTIVE DATE

Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

§ 1126. International conventions-(a) Register of marks communicated by international bureaus. The Commissioner shall keep a register of all marks communicated to him by the international bureaus provided for by the conventions for the protection of industrial property, trade-marks, trade and commercial names, and the repression of unfair competition to which the United States is or may become a party, and upon the payment of the fees required by such conventions and the fees herein prescribed may place the marks so communicated upon such register. This register shall show a facsimile of the mark or trade or commercial name; the name, citizenship, and address of the registrant; the number, date, and place of the first registration of the mark, including the dates on which application for such registration was filed and granted and the term of such registration; a list of goods or services to which the mark is applied as shown by the registration in the country of origin, and such other data as may be useful concerning the mark. This register shall be a continuation of the register provided in section 1 (a) of the Act of March 19, 1920.

(b) Application of this chapter to nationals of foreign countries which are parties to conventions or treaties.

Persons who are nationals of, domiciled in, or have a bona fide and effective business or commercial

establishment in any foreign country, which is a party to (1) the International Convention for the Protection of Industrial Property, signed at Paris on March 20, 1883; or (2) the General Inter-American Convention for Trade Mark and Commercial Protection signed at Washington on February 20, 1929; or (3) any other convention or treaty relating to trade-marks, trade or commercial names, or the repression of unfair competition to which the United States is a party, shall be entitled to the benefits and subject to the provisions of this chapter to the extent and under the conditions essential to give effect to any such conventions and treaties so long as the United States shall continue to be a party thereto, except as provided in the following subsections of this section.

No registration of a mark in the United States by a person described in subsection (b) of this section shall be granted until such mark has been registered in the country of origin of the applicant, unless the applicant alleges use in commerce.

For the purposes of this section, the country of origin of the applicant is the country in which he has a bona fide and effective industrial or commercial establishment, or if he has not such an establishment the country in which he is domiciled, or if he has not a domicile in any of the countries described in subsection (b) of this section, the country of which he is a national.

(d) Right of priority.

An application for registration of a mark under sections 1051–1054 or 1091 of this title, filed by a person described in subsection (b) of this section who has previously duly filed an application for registration of the same mark in one of the countries described in subsection (b) of this title shall be accorded the same force and effect as would be accorded to the same application if filed in the United States on the same date on which the application was first filed in such foreign country: Provided, That

(1) the application in the United States is filed within six months from the date on which the application was first filed in the foreign country;

(2) the application conforms as nearly as practicable to the requirements of this chapter, but use in commerce need not be alleged;

(e) Registration on principal or supplemental register; copy of foreign registration.

A mark duly registered in the country of origin of the foreign applicant may be registered on the principal register if eligible, otherwise on the supplemental register in this chapter provided. The application therefor shall be accompanied by a certified copy of the application for or registration in the country of origin of the applicant.

(f) Domestic registration independent of foreign registration.

The registration of a mark under the provisions of subsections (c)-(e) of this section by a person described in subsection (b) of this section shall be independent of the registration in the country of origin and the duration, validity, or transfer in the United States of such registration shall be governed by the provisions of this chapter.

(g) Trade or commercial names of foreign nationals protected without registration.

Trade names or commercial names of persons described in subsection (b) of this section shall be protected without the obligation of filing or registration whether or not they form parts of marks.

(h) Protection of foreign nationals against unfair competition.

Any person designated in subsection (b) of this section as entitled to the benefits and subject to the provisions of this chapter shall be entitled to effective protection against unfair competition, and the remedies provided in this chapter for infringement of marks shall be available so far as they may be appropriate in repressing acts of unfair competition. (i) Citizens or residents of United States entitled to benefits of section.

Citizens or residents of the United States shall have the same benefits as are granted by this section to persons described in subsection (b) of this section. (July 5, 1946, ch. 540, title IX, § 44, 60 Stat.

441.)

DERIVATION

Acts Feb. 20, 1905, ch. 592, §§ 1, 2, 4, 33 Stat. 724, 725; May 4, 1906, ch. 2081, §§ 1, 3, 34 Stat. 168, 169; Feb. 18, 1909, ch. 144, 35 Stat. 628; Mar. 19, 1920, ch. 104, §§ 1, 6, 41 Stat. 533, 535; Apr. 11, 1930, ch. 132, § 4, 46 Stat. 155; June 20, 1936, ch. 617, 49 Stat. 1539; June 10, 1938, ch. 332, §§ 1, 2, 3, 52 Stat. 638, 639.

REFERENCES IN TEXT

Section 1 (a) of act March 19, 1920, referred to in the text of subsec. (a) of this section, was section 121 (a) of this title, and was repealed by section 46 (a) of act July 5, 1946, effective one year from July 5, 1946, insofar as inconsistent with this chapter.

EFFECTIVE DATE

Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

TRANSFER OF FUNCTIONS

formance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees.

RULES OF PRACTICE IN TRADE-MARK CASES Omission of allegation of use by foreign applicants, see § 100.79, set out in Appendix to this title.

FORMS FOR TRADE-MARK CASES

Form of application for registration based on foreign registration, see § 110.19, set out in Appendix to this title.

§ 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 1051-1072 of this title, and the term "supplemental register" refers to the register provided for by sections 1091-1096 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 terms "applicant" and "registrant" embrace the legal representatives and successors and assigns of such applicant or registrant.

The term "Commissioner" means the Commissioner of Patents.

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.

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.

The term "trade-mark" includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.

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 and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising used in commerce.

1 'So in original. Comma omitted.

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.

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.

The term "mark" includes any trade-mark, service mark, collective mark, or certification mark entitled to registration under this chapter whether registered or not.

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.

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.

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 purchasers.

The term "registered mark" means a mark registered in the United States Patent 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 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.

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 commence1 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

1 So in original.

the use of reproductions, copies, counterfeits, or colorable imitations of registered marks; and to provide rights and remedies stipulated by treaties and conventions respecting trade-marks, trade names, and unfair competition entered into between the United States and foreign nations. (July 5, 1946, ch. 541, title X, § 45, 60 Stat. 443.)

DERIVATION

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

REFERENCES IN TEXT

Acts March 3, 1881, February 20, 1905, and March 19, 1920, referred to in the text were prior trade-mark registration acts which were repealed by section 46 (a) of act July 5, 1946, effective one year from July 5, 1946, insofar as inconsistent with this chapter. Said acts of 1905 and 1920 were sections 81-109 and 121-128 of this title, respectively.

EFFECTIVE DATE

Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

TRANSFER OF FUNCTIONS

Chapter 23.-DISSEMINATION OF TECHNICAL, SCIENTIFIC AND ENGINEERING INFORMATION

Sec.

1151. Purpose of chapter.

1152. Clearinghouse for technical information; removal of security classification.

1153. Rules, regulations, and fees.
1153a. Reimbursement of appropriations.

1154. Reference of data to armed services and other government agencies.

1155. General standards and limitations; reservation of security classification.

1156. Use of existing facilities. 1157. Relation to other provisions.

§ 1151. Purpose of chapter.

The purpose of this chapter is to make the results of technological research and development more readily available to industry and business, and to the general public, by clarifying and defining the functions and responsibilities of the Department of Commerce as a central clearinghouse for technical information which is useful to American industry and business. (Sept. 9, 1950, ch. 936, § 1, 64 Stat. 823.) § 1152. Clearinghouse for technical information; removal of security classification.

The Secretary of Commerce (hereinafter referred to as the "Secretary") is directed to establish and maintain within the Department of Commerce a clearinghouse for the collection and dissemination

of scientific, technical, and engineering information and to this end to take such steps as he may dee necessary and desirable

(a) to search for, collect, classify, coordinate, in tegrate, record, and catalog such information fro whatever sources, foreign and domestic, that m be available;

(b) To make such information available to indu try and business, to State and local governments, other agencies of the Federal Government, and the general public, through the preparation of a stracts, digests, translations, bibliographies, index and microfilm and other reproductions, for distrit tion either directly or by utilization of busine trade, technical, and scientific publications a services;

(c) To effect, within the limits of his authority now or hereafter defined by law, and with the c sent of competent authority, the removal of rest tions on the dissemination of scientific and techn data in cases where consideration of national se rity permit the release of such data for the ben of industry and business. (Sept. 9, 1950, ch. § 2, 64 Stat. 823.)

§ 1153. Rules, regulations, and fees.

The Secretary is authorized to make, amend, rescind such orders, rules, and regulations as he deem necessary to carry out the provisons of chapter, and to establish, from time to time, a sc ule or schedules of reasonable fees or charges services performed or for documents or other lications furnished under this chapter: Prov That all moneys received after September 9, by the Secretary in payment for publications u this chapter shall be deposited in a special acc in the Treasury, such account to be available, ject to authorization in any appropriation Ac reimbursing any appropriation then current chargeable for the cost of furnishing copies or r ductions as herein authorized, and for m refunds to organizations and individuals whe titled thereto: And provided further, That an a priation reimbursed by this special account notwithstanding any other provision of available for the purposes of the original appr tion.

fur

It is the policy of this chapter, to the fullest feasible and consistent with the objectives chapter, that each of the services and provided herein shall be self-sustaining liquidating and that the general public sha bear the cost of publications and other which are for the special use and benefit of groups and individuals; but nothing hereins construed to require the levying of fees or for services performed or publications furni any agency or instrumentality of the Feder ernment, or for publications which are dist pursuant to reciprocal arrangements for change of information or which are otherwis primarily for the general benefit of the (Sept. 9, 1950, ch. 936, § 3, 64 Stat. 823.)

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