§ 1054. — Collective marks and certification 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: 15USC1054]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1054. Collective marks and certification marks registrable
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, title I, Sec. 4, 60 Stat. 429; Pub. L. 100-667,
title I, Sec. 106, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106-43,
Sec. 6(b), Aug. 5, 1999, 113 Stat. 220.)
Prior Provisions
Acts Feb. 20, 1905, ch. 592, Sec. 1, 33 Stat. 724; May 4, 1906, ch.
2081, Sec. 1, 34 Stat. 168; Feb. 18, 1909, ch. 144, 35 Stat. 628; Apr.
11, 1930, ch. 132, Sec. 4, 46 Stat. 155; June 10, 1938, ch. 332, Sec. 1,
52 Stat. 638.
Amendments
1999--Pub. L. 106-43 substituted ``trademarks'' for ``trade-marks''
wherever appearing.
1988--Pub. L. 100-667 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.''
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 sections 1052, 1064, 1126 of this
title.
