15 U.S.C. § 1051 | Application for registration; verification

(a)

Application for use of trademark

(1)

The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.

(2)

The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.

(3)

The statement shall be verified by the applicant and specify that—

(A)

the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;

(B)

to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate;

(C)

the mark is in use in commerce; and

(D)

to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—

(i)

state exceptions to the claim of exclusive use; and

(ii)

1 So in original. The word “shall” probably should not appear.

shall  specify, to the extent of the verifier’s knowledge—

(I)

any concurrent use by others;

(II)

the goods on or in connection with which and the areas in which each concurrent use exists;

(III)

the periods of each use; and

(IV)

the goods and area for which the applicant desires registration.

(4)

The applicant shall comply with such rules or regulations as may be prescribed by the Director. The Director shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.

(b)

Application for bona fide intention to use trademark

(1)

A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director.

(2)

The application shall include specification of the applicant’s domicile and citizenship, the goods in connection with which the applicant has a bona fide intention to use the mark, and a drawing of the mark.

(3)

The statement shall be verified by the applicant and specify—

(A)

that the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be entitled to use the mark in commerce;

(B)

the applicant’s bona fide intention to use the mark in commerce;

(C)

that, to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; and

(D)

that, to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive.

section 1126 of this titleExcept for applications filed pursuant to , no mark shall be registered until the applicant has met the requirements of subsections (c) and (d) of this section.

(4)

(c)

Amendment of application under subsection (b) to conform to requirements of subsection (a)

At any time during examination of an application filed under subsection (b), an applicant who has made use of the mark in commerce may claim the benefits of such use for purposes of this chapter, by amending his or her application to bring it into conformity with the requirements of subsection (a).

(d)

Verified statement that trademark is used in commerce

(1)

section 1063(b)(2) of this title section 1052 of this title Within six months after the date on which the notice of allowance with respect to a mark is issued under to an applicant under subsection (b) of this section, the applicant shall file in the Patent and Trademark Office, together with such number of specimens or facsimiles of the mark as used in commerce as may be required by the Director and payment of the prescribed fee, a verified statement that the mark is in use in commerce and specifying the date of the applicant’s first use of the mark in commerce and those goods or services specified in the notice of allowance on or in connection with which the mark is used in commerce. Subject to examination and acceptance of the statement of use, the mark shall be registered in the Patent and Trademark Office, a certificate of registration shall be issued for those goods or services recited in the statement of use for which the mark is entitled to registration, and notice of registration shall be published in the Official Gazette of the Patent and Trademark Office. Such examination may include an examination of the factors set forth in subsections (a) through (e) of . The notice of registration shall specify the goods or services for which the mark is registered.

(2)

The Director shall extend, for one additional 6-month period, the time for filing the statement of use under paragraph (1), upon written request of the applicant before the expiration of the 6-month period provided in paragraph (1). In addition to an extension under the preceding sentence, the Director may, upon a showing of good cause by the applicant, further extend the time for filing the statement of use under paragraph (1) for periods aggregating not more than 24 months, pursuant to written request of the applicant made before the expiration of the last extension granted under this paragraph. Any request for an extension under this paragraph shall be accompanied by a verified statement that the applicant has a continued bona fide intention to use the mark in commerce and specifying those goods or services identified in the notice of allowance on or in connection with which the applicant has a continued bona fide intention to use the mark in commerce. Any request for an extension under this paragraph shall be accompanied by payment of the prescribed fee. The Director shall issue regulations setting forth guidelines for determining what constitutes good cause for purposes of this paragraph.

(3)

The Director shall notify any applicant who files a statement of use of the acceptance or refusal thereof and, if the statement of use is refused, the reasons for the refusal. An applicant may amend the statement of use.

(4)

The failure to timely file a verified statement of use under paragraph (1) or an extension request under paragraph (2) shall result in abandonment of the application, unless it can be shown to the satisfaction of the Director that the delay in responding was unintentional, in which case the time for filing may be extended, but for a period not to exceed the period specified in paragraphs (1) and (2) for filing a statement of use.

(e)

Designation of resident for service of process and notices

If the applicant is not domiciled in the United States the applicant may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, or if the registrant does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.

(f)

Third-party submission of evidence

A third party may submit for consideration for inclusion in the record of an application evidence relevant to a ground for refusal of registration. The third-party submission shall identify the ground for refusal and include a concise description of each piece of evidence submitted in support of each identified ground for refusal. Not later than 2 months after the date on which the submission is filed, the Director shall determine whether the evidence should be included in the record of the application. The Director shall establish by regulation appropriate procedures for the consideration of evidence submitted by a third party under this subsection and may prescribe a fee to accompany the submission. If the Director determines that the third-party evidence should be included in the record of the application, only the evidence and the ground for refusal to which the evidence relates may be so included. Any determination by the Director whether or not to include evidence in the record of an application shall be final and non-reviewable, and a determination to include or to not include evidence in the record shall not prejudice any party’s right to raise any issue and rely on any evidence in any other proceeding.

July 5, 1946, ch. 540 60 Stat. 427 Pub. L. 87–772, § 1Oct. 9, 196276 Stat. 769 Pub. L. 93–596, § 1Jan. 2, 197588 Stat. 1949 Pub. L. 100–667, title I, § 103Nov. 16, 1988102 Stat. 3935 Pub. L. 105–330, title I, § 103Oct. 30, 1998112 Stat. 3064 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]Nov. 29, 1999113 Stat. 1536 Pub. L. 107–273, div. C, title III, § 13207(b)(1)Nov. 2, 2002116 Stat. 1906 Pub. L. 116–260, div. Q, title II, § 223(a)Dec. 27, 2020134 Stat. 2201(, title I, § 1, ; , , ; , , ; , , ; , title II, § 201(a)(1), , , 3069; , , , 1501A–583; , (2), , ; , , .)

Editorial Notes

Prior Provisions

Feb. 20, 1905, ch. 592 33 Stat. 724 May 4, 1906, ch. 2081, § 1 34 Stat. 168 Feb. 18, 1909, ch. 144 35 Stat. 628 Apr. 11, 1930, ch. 132, § 4 46 Stat. 155 June 10, 1938, ch. 332, § 1 52 Stat. 638Subsecs. (a) to (c) are from acts , §§ 1, 2, ; , ; , ; , ; , .

act Feb. 20, 1905, ch. 592, § 3 33 Stat. 725Subsec. (d) is from , .

Amendments

Pub. L. 116–2602020—Subsec. (f). added subsec. (f).

Pub. L. 107–273, § 13207(b)(1)2002—Subsec. (d)(1). , in first sentence, substituted “specifying the date of the applicant’s first use of the mark in commerce and those goods or services specified in the notice of allowance on or in connection with which the mark is used in commerce.” for “specifying the date of the applicant’s first use of the mark in commerce and,, those goods or services specified in the notice of allowance on or in connection with which the mark is used in commerce.”

Pub. L. 107–273, § 13207(b)(2)Subsec. (e). , amended subsec. (e) generally. Prior to amendment, subsec. (e) required applicant not domiciled in United States to designate name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark and provided that notices or process be served by leaving with such person or mailing to him a copy, or upon Director if designated person cannot be found.

Pub. L. 106–1131999—Subsecs. (a), (b), (d), (e). substituted “Director” for “Commissioner” wherever appearing.

Pub. L. 105–330, § 103(a)1998—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) related to application by owner of a trademark used in commerce to register the trademark by filing in the Patent and Trademark Office a written application in prescribed form and verified by applicant, by paying prescribed fee, and by complying with prescribed rules or regulations.

Pub. L. 105–330, § 103(b)Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) related to application, by person with bona fide intention, under circumstances showing good faith, to use a trademark in commerce, to register trademark by filing in the Patent and Trademark Office a written application in prescribed form and verified by applicant, by paying prescribed fee, and by complying with prescribed rules or regulations.

Pub. L. 105–330, § 201(a)(1)(A)Subsec. (d)(1). , inserted “and,” after “specifying the date of the applicant’s first use of the mark in commerce”.

Pub. L. 105–330, § 201(a)(1)(B), which directed the striking out of “and, the mode or manner in which the mark is used on or in connection with such goods or services”, was executed by striking out “, and the mode or manner in which the mark is used on or in connection with such goods or services” after “notice of allowance on or in connection with which the mark is used in commerce”, to reflect the probable intent of Congress.

Pub. L. 105–330, § 103(c)Subsec. (d)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The failure to timely file a verified statement of use under this subsection shall result in abandonment of the application.”

Pub. L. 100–667, § 103(1)1988—Subsec. (a). to (7), inserted “(a)” preceding introductory provisions and substituted “may apply to register his or her” for “may register his”, redesignated former subsecs. (a) to (c) as pars. (1) to (3), respectively, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. (1)(A), substituted “used on or in connection with” for “applied to” and “goods on or in connection” for “goods in connection”, in par. (1)(C), struck out “actually” after “the mark as”, and in par. (2), substituted “prescribed” for “filing”.

Pub. L. 100–667, § 103(3)Subsecs. (b), (c). , (9), added subsecs. (b) and (c) and redesignated former subsecs. (b) and (c) as pars. (2) and (3), respectively, of subsec. (a).

Pub. L. 100–667, § 103(8)Subsecs. (d), (e). , (9), added subsec. (d) and redesignated former subsec. (d) as (e).

Pub. L. 93–5961975—Subsecs. (a), (b), (d). substituted “Patent and Trademark Office” for “Patent Office”.

Pub. L. 87–7721962—Subsec. (a)(1). substituted “as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive” for “as might be calculated to deceive”, and struck out “or services” after “use by others, the goods”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–260, div. Q, title II, § 223(c)Dec. 27, 2020134 Stat. 2201

Dec. 27, 2020“The amendment made by subsection (a) [amending this section] shall take effect 1 year after the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1999 Amendment

Pub. L. 106–113Nov. 29, 1999Pub. L. 106–113 section 1 of Title 35Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.

Effective Date of 1998 Amendment

Pub. L. 105–330, title I, § 109(b)Oct. 30, 1998112 Stat. 3069

section 110 of Pub. L. 105–330“This title [see Short Title of 1998 Amendment note below] and the amendments made by this title shall apply to any application for registration of a trademark pending on, or filed on or after, the effective date of this Act [probably should be “this title”, see , set out as an Effective Date of 1998 Amendment note below].”

, , , provided that:

Pub. L. 105–330, title I, § 110Oct. 30, 1998112 Stat. 3069

“This title [see Short Title of 1998 Amendment note below] and the amendments made by this title shall take effect—

“(1)

Oct. 30, 1998 on the date that is 1 year after the date of the enactment of this Act [], or

“(2)

Aug. 12, 2000 upon the entry into force of the Trademark Law Treaty with respect to the United States [],

whichever occurs first.”

, , , provided that:

Pub. L. 105–330, title II, § 201(b)Oct. 30, 1998112 Stat. 3070

Oct. 30, 1998“The amendments made by this section [amending this section and sections 1052, 1057, 1064, 1091, 1094, 1113 to 1115, 1121, and 1124 of this title] shall take effect on the date of enactment of this Act [], and shall apply 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.”

, , , provided that:

Effective Date of 1988 Amendment

Pub. L. 100–667, title I, § 136Nov. 16, 1988102 Stat. 3948

Nov. 16, 1988“This title and the amendments made by this title [see Short Title of 1988 Amendment note below] shall become effective on the date which is one year after the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1975 Amendment

Pub. L. 93–596Jan. 2, 1975section 4 of Pub. L. 93–596 section 1111 of this titleAmendment by effective , see , set out as a note under .

Effective Date

July 5, 1946July 5, 1946Section 46(a) of act , provided that this chapter shall be in force and take effect one year from .

Short Title of 2020 Amendment

Pub. L. 116–260, div. Q, title II, § 221(a)Dec. 27, 2020134 Stat. 2200

Pub. L. 116–260“This subtitle [subtitle B (§§ 221–228) of title II of div. Q of , enacting sections 1066a and 1066b of this title, amending this section and sections 1062, 1064, 1065, 1068, 1070, 1071, 1092, 1094, and 1116 of this title, and enacting provisions set out as notes under this section and sections 1064, 1066a, 1068, and 1116 of this title] may be cited as the ‘Trademark Modernization Act of 2020’ or the ‘TM Act of 2020’.”

, , , provided that:

Short Title of 2010 Amendment

Pub. L. 111–146, § 1Mar. 17, 2010124 Stat. 66

“This Act [amending sections 1057, 1058, 1065, 1071, and 1141k of this title] may be cited as the ‘Trademark Technical and Conforming Amendment Act of 2010’.”

, , , provided that:

Short Title of 2006 Amendment

Pub. L. 109–312, § 1(a)Oct. 6, 2006120 Stat. 1730

“This Act [amending sections 1052, 1063, 1064, 1092, 1125, and 1127 of this title] may be cited as the ‘Trademark Dilution Revision Act of 2006’.”

, , , provided that:

Short Title of 2004 Amendment

Pub. L. 108–482, § 1Dec. 23, 2004118 Stat. 3912

section 1117 of this title section 504 of Title 17 section 1117 of this title section 994 of Title 28“This Act [amending , , Copyrights, sections 2318 and 3559 of Title 18, Crimes and Criminal Procedure, and sections 85 and 112 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under this section, , sections 2311 and 2318 of Title 18, and listed in a table relating to sentencing guidelines set out as a note under ] may be cited as the ‘Intellectual Property Protection and Courts Amendments Act of 2004’.”

, , , provided that:

Pub. L. 108–482, title II, § 201Dec. 23, 2004118 Stat. 3916

section 1117 of this title section 504 of Title 17 section 3559 of Title 18 section 1117 of this title section 994 of Title 28“This title [amending , , Copyrights, and , Crimes and Criminal Procedure, and enacting provisions set out as notes under and listed in a table relating to sentencing guidelines set out as a note under , Judiciary and Judicial Procedure] may be cited as the ‘Fraudulent Online Identity Sanctions Act’.”

, , , provided that:

Short Title of 2002 Amendment

Pub. L. 107–273, div. C, title III, § 13401Nov. 2, 2002116 Stat. 1913

Pub. L. 107–273 section 1141 of this title“This subtitle [subtitle D (§§ 13401–13403) of title III of div. C of , enacting subchapter IV of this chapter and provisions set out as a note under ] may be cited as the ‘Madrid Protocol Implementation Act’.”

, , , provided that:

Short Title of 1999 Amendments

Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3001(a)]Nov. 29, 1999113 Stat. 1536

section 1129 of this title section 470a of Title 16 section 1338 of Title 28“This title [enacting , amending sections 1114, 1116, 1117, 1125, and 1127 of this title, , Conservation, and , Judiciary and Judicial Procedure, and enacting provisions set out as notes under this section and sections 1117 and 1125 of this title] may be cited as the ‘Anticybersquatting Consumer Protection Act’.”

, , , 1501A–545, provided that:

Pub. L. 106–43, § 1Aug. 5, 1999113 Stat. 218

section 1052 of this title“This Act [amending sections 1052 to 1054, 1060, 1063, 1064, 1091, 1092, 1114, 1116 to 1118, 1122, and 1124 to 1127 of this title, enacting provisions set out as a note under , and amending provisions set out as a note under this section] may be cited as the ‘Trademarks Amendments Act of 1999’.”

, , , provided that:

Short Title of 1998 Amendment

Pub. L. 105–330, title I, § 101Oct. 30, 1998112 Stat. 3064

“This title [amending this section and sections 1058 to 1060, 1062, and 1126 of this title and enacting provisions set out as notes under this section and sections 1058 and 1059 of this title] may be cited as the ‘Trademark Law Treaty Implementation Act’.”

, , , provided that:

Short Title of 1996 Amendment

Pub. L. 104–98, § 1Jan. 16, 1996109 Stat. 985

section 1125 of this title“This Act [amending sections 1125 and 1127 of this title and enacting provisions set out as a note under ] may be cited as the ‘Federal Trademark Dilution Act of 1995’.”

, , , provided that:

Short Title of 1992 Amendment

Pub. L. 102–542, § 1Oct. 27, 1992106 Stat. 3567

section 1122 of this title section 1114 of this title“This Act [enacting , amending sections 1114, 1125, and 1127 of this title, and enacting provisions set out as a note under ] may be cited as the ‘Trademark Remedy Clarification Act’.”

, , , provided that:

Short Title of 1988 Amendment

Pub. L. 100–667, title I, § 101Nov. 16, 1988102 Stat. 3935

section 1121a of this title section 1121(b) of this title“This title [amending this section and sections 1052 to 1060, 1062 to 1066, 1068, 1069, 1071, 1091, 1092, 1094, 1095, 1111, 1112, 1114 to 1118, 1121, and 1125 to 1127 of this title, redesignating as , and enacting provisions set out as notes under sections 1051 and 1058 of this title] may be cited as the ‘Trademark Law Revision Act of 1988’.”

, , , provided that:

Short Title of 1984 Amendment

Pub. L. 98–620, title I, § 101Nov. 8, 198498 Stat. 3335

section 1064 of this title“This title [amending sections 1064 and 1127 of this title and enacting provisions set out as a note under ] may be cited as the ‘Trademark Clarification Act of 1984’.”

, , , provided that:

Short Title

Act July 5, 1946, ch. 540 60 Stat. 427, , which is classified to this chapter, is popularly known as the “Lanham Act” and also as the “Trademark Act of 1946”.

Repeal of Inconsistent Provisions; Certain Provisions Not Affected

Act July 5, 1946, ch. 540, title XI, § 46(a)60 Stat. 444 Pub. L. 106–43, § 6(b)Aug. 5, 1999113 Stat. 220July 5, 1946July 5, 1947, , as amended by , , , provided in part that all acts and parts of acts inconsistent with this chapter are repealed effective one year from , but that “nothing contained in this Act [this chapter] shall be construed as limiting, restricting, modifying, or repealing any statute in force on the effective date of this Act [] which does not relate to trademarks, or as restricting or increasing the authority of any Federal department or regulatory agency except as may be specifically provided in this Act [this chapter].”

Act July 5, 1946, ch. 540, title XI, § 48 60 Stat. 446

Section 4 of the Act of January 5, 1905 18 U.S.C. 706 section 7 of the Act of June 15, 1916 36 U.S.C. 30905June 20, 193618 U.S.C. 708“ (U.S.C., title 36, sec. 4), as amended, entitled ‘An Act to incorporate the National Red Cross’ [see ], and (U.S.C., title 36, sec. 27), entitled ‘An Act to incorporate the Boy Scouts of America, and for other purposes’ [see ], and the Act of (U.S.C., title 22, sec. 248), entitled ‘An Act to prohibit the commercial use of the coat of arms of the Swiss Confederation’ [see former ], are not repealed or affected by this Act.”

, , provided that:

Savings Provision

Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3008]Nov. 29, 1999113 Stat. 1536

15 U.S.C. 1051 15 U.S.C. 1125(c)(4)“Nothing in this title [see Short Title of 1999 Amendments note above] shall affect any defense available to a defendant under the Trademark Act of 1946 [ et seq.] (including any defense under section 43(c)(4) of such Act [] or relating to fair use) or a person’s right of free speech or expression under the first amendment of the United States Constitution.”

, , , 1501A–551, provided that:

Separability

Act July 5, 1946, ch. 540, title XI, § 50 60 Stat. 446

“If any provision of this Act [this chapter] or the application of such provision to any person or circumstance is held invalid, the remainder of the Act shall not be affected thereby.”

, , provided that:

Deadline for Procedures

Pub. L. 116–260, div. Q, title II, § 223(b)Dec. 27, 2020134 Stat. 2201

Dec. 27, 202015 U.S.C. 1051(f)“Not later than 1 year after the date of enactment of this Act [], the Director shall establish the appropriate procedures described in section 1(f) of the Trademark Act of 1946 [], as added by subsection (a).”

, , , provided that:

section 223(b) of Pub. L. 116–260 section 222 of Pub. L. 116–260[For definitions of terms used in , set out above, see , set out as a note below.]

Pending Proceedings and Existing Registration and Rights Under Prior Acts

Act July 5, 1946, ch. 540, title XI, § 46(a)60 Stat. 444July 5, 1947, , provided in part that this chapter, except as otherwise specifically provided therein, shall not affect any suit, proceeding or appeal pending on the effective date of this chapter and that the repeal of all inconsistent acts “shall not affect the validity of registrations granted or applied for under any of said Acts prior to the effective date of this Act [], or rights or remedies thereunder except as provided in sections 8, 12, 14, 15, and 47 of this Act [sections 1058, 1062, 1064, and 1065 of this title and note under this section].”

Act July 5, 1946, ch. 540, title XI 60 Stat. 445

“(b)

March 3, 1881February 20, 1905section 1059 of this title section 5 of the Act of February 20, 1905 section 85 of this title section 1052 of this title section 1059 of this title

March 19, 1920July 5, 1947section 1059 of this title“Registrations now existing under the Act of [former sections 121 to 128 of this title], shall expire six months after the effective date of this Act [], or twenty years from the dates of their registrations, whichever date is later. Such registrations shall be subject to and entitled to the benefits of the provisions of this Act [this chapter] relating to marks registered on the supplemental register established by this Act [this chapter], and may not be renewed unless renewal is required to support foreign registrations. In that event renewal may be effected on the supplemental register under the provisions of section 9 of this Act [].

“Marks registered under previous Acts may, if eligible, also be registered under this Act [this chapter].

Registrations now existing under the Act of , or the Act of [sections 81 to 109 of this title], shall continue in full force and effect for the unexpired terms thereof and may be renewed under the provisions of section 9 of this Act []. Such registrations and the renewals thereof shall be subject to and shall be entitled to the benefits of the provisions of this Act [this chapter] to the same extent and with the same force and effect as though registered on the principal register established by this Act [this chapter] except as limited in sections 8, 12, 14, and 15 of this Act [sections 1058, 1062, 1064, 1065, of this title]. Marks registered under the ‘ten-year proviso’ of , as amended [former ], shall be deemed to have become distinctive of the registrant’s goods in commerce under paragraph (f) of section 2 of this Act [] and may be renewed under section 9 hereof [] as marks coming within said paragraph.

“Sec. 47.

(a)

July 5, 1947 All applications for registration pending in the Patent Office at the effective date of this Act [] may be amended, if practicable, to bring them under the provisions of this Act [this chapter]. The prosecution of such applications so amended and the grant of registrations thereon shall be proceeded with in accordance with the provisions of this Act [this chapter]. If such amendments are not made, the prosecution of said applications shall be proceeded with and registrations thereon granted in accordance with the Acts under which said applications were filed, and said Acts are hereby continued in force to this extent and for this purpose only, notwithstanding the foregoing general repeal thereof.

“(b)

July 5, 1947 In any case in which an appeal is pending before the United States Court of Customs and Patent Appeals or any United States Circuit Court of Appeals or the United States Court of Appeals for the District of Columbia or the United States Supreme Court at the effective date of this Act [], the court, if it be of the opinion that the provisions of this Act [this chapter] are applicable to the subject matter of the appeal, may apply such provision or may remand the case to the Commissioner [now Director] or to the district court for the taking of additional evidence or a new trial or for reconsideration of the decision on the record as made, as the appellate court may deem proper.”

, §§ 46(b), 47, , provided:

Act July 5, 1946, ch. 540, title XI, § 49 60 Stat. 446

July 5, 1947“Nothing herein [in this chapter] shall adversely affect the rights or the enforcement of rights in marks acquired in good faith prior to the effective date of this Act [].”

, , provided:

Pub. L. 116–260Definitions Applicable to Sections of

Pub. L. 116–260, div. Q, title II, § 222Dec. 27, 2020134 Stat. 2200

Pub. L. 116–260“In this subtitle [subtitle B (§§ 221–228) of title II of div. Q of , see Short Title of 2020 Amendment note above]:

“(1)

Director .—

The term ‘Director’ means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

“(2)

Trademark act of 1946 .—

July 5, 194615 U.S.C. 1051The term ‘Trademark Act of 1946’ means the Act entitled ‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved ( et. seq) (commonly referred to as the ‘Trademark Act of 1946’ or the ‘Lanham Act’).”

, , , provided that:

Emergency Relief From Postal Situation Affecting Trademark Cases

Mar. 18, 1970Mar. 30, 1970section 111 of Title 35Relief as to filing date of trademark application or registration and excusal of delayed fees or actions affected by postal situation beginning on , and ending on or about , see note set out under , Patents.

Executive Documents

Transfer of Functions

May 24, 195064 Stat. 1263For transfer of functions of other officers, employees, and agencies of Department of Commerce to Secretary of Commerce, with certain exceptions, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.