[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1111]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1111. Notice of registration; display with mark; recovery
of profits and damages in infringement suit
Notwithstanding the provisions of section 1072 of this title, a
registrant of a mark registered in the Patent and Trademark Office, may
give notice that his mark is registered by displaying with the mark the
words ``Registered in U.S. Patent and Trademark Office'' or ``Reg. U.S.
Pat. & Tm. Off.'' or the letter R enclosed within a circle, thus ; and
in any suit for infringement under this chapter by such a registrant
failing to give such notice of registration, no profits and no damages
shall be recovered under the provisions of this chapter unless the
defendant had actual notice of the registration.
(July 5, 1946, ch. 540, title III, Sec. 29, 60 Stat. 436; Pub. L. 87-
772, Sec. 15, Oct. 9, 1962, 76 Stat. 773; Pub. L. 93-596, Secs. 1, 2,
Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100-667, title I, Sec. 125, Nov.
16, 1988, 102 Stat. 3943.)
Prior Provisions
Acts Feb. 20, 1905, ch. 592, Sec. 28, 33 Stat. 730; Mar. 19, 1920,
ch. 104, Secs. 5, 6, 41 Stat. 534, 535.
Amendments
1988--Pub. L. 100-667 struck out ``as used'' after ``with the
mark''.
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office, may
give notice that his mark is registered by displaying with the mark as
used the words `Registered in U.S. Patent and Trademark Office' or `Reg.
U.S. Pat. & Tm. Off.' '' for ``Patent Office, may give notice that his
mark is registered by displaying with the mark as used the words
`Registered in U.S. Patent Office' or `Reg. U.S. Pat. Off.' ''.
1962--Pub. L. 87-772 substituted ``in the Patent Office, may'' for
``under the Act of March 3, 1881, or the Act of February 20, 1905, or on
the principal register established by this chapter, shall'', and ``to
give such notice of registration,'' for ``so to mark goods bearing the
registered mark, or by a registrant under the Act of March 19, 1920, or
by the registrant of a mark on the supplemental register provided by
this chapter''.
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.
Effective Date of 1975 Amendment
Section 4 of Pub. L. 93-596 provided that: ``This Act [amending this
section, sections 1051, 1052, 1057, 1058, 1060, 1062, 1063, 1065, 1067,
1069, 1071, 1092, 1112, 1113, 1116 to 1120, 1123, and 1127 of this
title, and sections 2 to 4, 6 to 8, 10, 11, 21 to 26, 31 to 33, 41, 104,
119, 121, 122, 135, 142 to 144, 146, 152, 153, 253 to 255, 261, 288, and
293 of Title 35, Patents, and enacting provisions set out as a note
under section 1 of title 35] shall become effective upon enactment [Jan.
2, 1975]. However, any registrant may continue to give notice of his
registration in accordance with section 29 of the Trademark Act of 1946
(60 Stat. 427), as amended Oct. 9, 19
