§ 1120. — Civil liability for false or fraudulent 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: 15USC1120]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1120. Civil liability for false or fraudulent registration
Any person who shall procure registration in the Patent and
Trademark Office of a mark by a false or fraudulent declaration or
representation, oral or in writing, or by any false means, shall be
liable in a civil action by any person injured thereby for any damages
sustained in consequence thereof.
(July 5, 1946, ch. 540, title VI, Sec. 38, 60 Stat. 440; Pub. L. 93-596,
Sec. 1, Jan. 2, 1975, 88 Stat. 1949.)
Prior Provisions
Act Feb. 20, 1905, ch. 592, Sec. 25, 33 Stat. 730.
Amendments
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of
Pub. L. 93-596, set out as a note under section 1111 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 1122 of this title.
