§ 1053. — Service marks registrable.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1053]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1053. Service marks registrable
Subject to the provisions relating to the registration of
trademarks, so far as they are applicable, service marks shall be
registrable, in the same manner and with the same effect as are
trademarks, and when registered they shall be entitled to the protection
provided in this chapter in the case of trademarks. 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, title I, Sec. 3, 60 Stat. 429; Pub. L. 100-667,
title I, Sec. 105, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106-43,
Sec. 6(b), Aug. 5, 1999, 113 Stat. 220.)
Amendments
1999--Pub. L. 106-43 substituted ``trademarks'' for ``trade-marks''
wherever appearing.
1988--Pub. L. 100-667 struck out ``used in commerce'' after
``applicable, service marks'' and ``, except when used so as to
represent falsely that the owner thereof makes or sells the goods on
which such mark is used. The Commissioner may establish a separate
register for such service marks'' after ``case of trade-marks''.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-667 effective one year after Nov. 16, 1988,
see section 136 of Pub. L. 100-667, set out as a 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, see
notes set out under section 1051 of this title.
Transfer of Functions
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,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 1126 of this title.
