§ 1055. — Use by related companies affecting validity and registration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1055]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1055. Use by related companies affecting validity and
registration
Where a registered mark or a mark sought to be registered is or may
be used legitimately by related companies, such use shall inure to the
benefit of the registrant or applicant for registration, and such use
shall not affect the validity of such mark or of its registration,
provided such mark is not used in such manner as to deceive the public.
If first use of a mark by a person is controlled by the registrant or
applicant for registration of the mark with respect to the nature and
quality of the goods or services, such first use shall inure to the
benefit of the registrant or applicant, as the case may be.
(July 5, 1946, ch. 540, title I, Sec. 5, 60 Stat. 429; Pub. L. 100-667,
title I, Sec. 107, Nov. 16, 1988, 102 Stat. 3938.)
Amendments
1988--Pub. L. 100-667 inserted at end ``If first use of a mark by a
person is controlled by the registrant or applicant for registration of
the mark with respect to the nature and quality of the goods or
services, such first use shall inure to the benefit of the registrant or
applicant, as the case may be.''
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.
