15 U.S.C. § 1111 | Notice of registration; display with mark; recovery of profits and damages in infringement suit

section 1072 of this titleNotwithstanding the provisions of , a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.

July 5, 1946, ch. 540 60 Stat. 436 Pub. L. 87–772, § 15Oct. 9, 196276 Stat. 773 Pub. L. 93–596Jan. 2, 197588 Stat. 1949 Pub. L. 100–667, title I, § 125Nov. 16, 1988102 Stat. 3943(, title III, § 29, ; , , ; , §§ 1, 2, , ; , , .)

Editorial Notes

Prior Provisions

Feb. 20, 1905, ch. 592, § 28 33 Stat. 730 Mar. 19, 1920, ch. 104 41 Stat. 534Acts , ; , §§ 5, 6, , 535.

Amendments

Pub. L. 100–6671988— struck out “as used” after “with the mark”.

Pub. L. 93–5961975— substituted “Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent and Trademark Office’ or ‘Reg. U.S. Pat. & Tm. Off.’ ” for “Patent Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent Office’ or ‘Reg. U.S. Pat. Off.’ ”.

Pub. L. 87–772March 3, 1881February 20, 1905March 19, 19201962— substituted “in the Patent Office, may” for “under the Act of , or the Act of , or on the principal register established by this chapter, shall”, and “to give such notice of registration,” for “so to mark goods bearing the registered mark, or by a registrant under the Act of , or by the registrant of a mark on the supplemental register provided by this chapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

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

Effective Date of 1975 Amendment

Pub. L. 93–596, § 4Jan. 2, 197588 Stat. 1949

section 1 of title 35Jan. 2, 197560 Stat. 427Oct. 9, 196276 Stat. 769“This Act [amending this section, sections 1051, 1052, 1057, 1058, 1060, 1062, 1063, 1065, 1067, 1069, 1071, 1092, 1112, 1113, 1116 to 1120, 1123, and 1127 of this title, and sections 2 to 4, 6 to 8, 10, 11, 21 to 26, 31 to 33, 41, 104, 119, 121, 122, 135, 142 to 144, 146, 152, 153, 253 to 255, 261, 288, and 293 of Title 35, Patents, and enacting provisions set out as a note under ] shall become effective upon enactment []. However, any registrant may continue to give notice of his registration in accordance with section 29 of the Trademark Act of 1946 (), as amended () [this section], as an alternative to notice in accordance with section 29 of the Trademark Act as amended by section 2 of this Act, regardless of whether his mark was registered before or after the effective date of this Act.”

, , , provided that:

Repeal and Effect on Existing Rights

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