Subject to the provisions relating to the registration of trademarks, so far as they are applicable, collective and certification marks, including indications of regional origin, shall be registrable under this chapter, in the same manner and with the same effect as are trademarks, by persons, and nations, States, municipalities, and the like, exercising legitimate control over the use of the marks sought to be registered, even though not possessing an industrial or commercial establishment, and when registered they shall be entitled to the protection provided in this chapter in the case of trademarks, except in the case of certification marks when used so as to represent falsely that the owner or a user thereof makes or sells the goods or performs the services on or in connection with which such mark is used. Applications and procedure under this section shall conform as nearly as practicable to those prescribed for the registration of trademarks.
July 5, 1946, ch. 540 60 Stat. 429 Pub. L. 100–667, title I, § 106102 Stat. 3938 Pub. L. 106–43, § 6(b)113 Stat. 220 (, title I, § 4, ; , , ; , , .)
Editorial Notes
Prior Provisions
Feb. 20, 1905, ch. 592, § 1 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. 638 Acts , ; , ; , ; , ; , .
Amendments
Pub. L. 106–431999— substituted “trademarks” for “trade-marks” wherever appearing.
Pub. L. 100–6671988— substituted “origin,” for “origin used in commerce,” and “except in the case of certification marks when” for “except when” and struck out after first sentence “The Commissioner may establish a separate register for such collective marks and certification marks.”
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–667section 136 of Pub. L. 100–667section 1051 of this titleAmendment by effective one year after , see , set out as a note under .
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 .
Executive Documents
Transfer of Functions
64 Stat. 1263 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, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.