§ 1127. Construction and definitions; intent of chapter

3,460 words·~16 min read·/usc/title-15/section-1127

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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 “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, § 45, 60 Stat. 443; Pub. L. 87–772, § 21, Oct. 9, 1962, 76 Stat. 774; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 98–620, title I, § 103, Nov. 8, 1984, 98 Stat. 3335; Pub. L. 100–667, title I, § 134, Nov. 16, 1988, 102 Stat. 3946; Pub. L. 102–542, § 3(d), Oct. 27, 1992, 106 Stat. 3568; Pub. L. 103–465, title V, § 521, Dec. 8, 1994, 108 Stat. 4981; Pub. L. 104–98, § 4, Jan. 16, 1996, 109 Stat. 986; Pub. L. 106–43, §§ 4(c), 6(b), Aug. 5, 1999, 113 Stat. 219, 220;

Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3005, title IV, § 4732(b)(1)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–550, 1501A–583; Pub. L. 109–312, § 3(e), Oct. 6, 2006, 120 Stat. 1733.)

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62 references not yet in our index

July 5, 1946, ch. 540
60 Stat. 443
Pub. L. 87–772, § 21
76 Stat. 774
Pub. L. 93–596, § 1
88 Stat. 1949
Pub. L. 98–620, title I, § 103
98 Stat. 3335
Pub. L. 100–667, title I, § 134
102 Stat. 3946
Pub. L. 102–542, § 3(d)
106 Stat. 3568
Pub. L. 103–465, title V, § 521
108 Stat. 4981
Pub. L. 104–98, § 4
109 Stat. 986
Pub. L. 106–43
113 Stat. 219
Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3005, title IV, § 4732(b)(1)(A)]
113 Stat. 1536
Pub. L. 109–312, § 3(e)
120 Stat. 1733
Mar. 3, 1881, ch. 138
21 Stat. 502
Feb. 20, 1905, ch. 592
33 Stat. 724
Mar. 19, 1920, ch. 104
41 Stat. 533
act July 5, 1946, ch. 540, § 46(a)
60 Stat. 444
Feb. 20, 1905, ch. 592, § 29
33 Stat. 731
June 10, 1938, ch. 332, § 5
52 Stat. 639
Pub. L. 109–312
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(A)]
Pub. L. 106–113, § 1000(a)(9) [title III, § 3005]
Pub. L. 106–43, § 6(b)
Pub. L. 106–43, § 4(c)
Pub. L. 104–98