§ 1121. — Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1121]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1121. Jurisdiction of Federal courts; State and local
requirements that registered trademarks be altered or displayed
differently; prohibition
(a) The district and territorial courts of the United States shall
have original jurisdiction and the courts of appeal of the United States
(other than the United States Court of Appeals for the Federal Circuit)
shall have appellate jurisdiction, of all actions arising under this
chapter, without regard to the amount in controversy or to diversity or
lack of diversity of the citizenship of the parties.
(b) No State or other jurisdiction of the United States or any
political subdivision or any agency thereof may require alteration of a
registered mark, or require that additional trademarks, service marks,
trade names, or corporate names that may be associated with or
incorporated into the registered mark be displayed in the mark in a
manner differing from the display of such additional trademarks, service
marks, trade names, or corporate names contemplated by the registered
mark as exhibited in the certificate of registration issued by the
United States Patent and Trademark Office.
(July 5, 1946, ch. 540, title VI, Sec. 39, formerly Secs. 39 and 39a, 60
Stat. 440; Pub. L. 97-164, title I, Sec. 148, Apr. 2, 1982, 96 Stat. 46;
Pub. L. 97-296, Oct. 12, 1982, 96 Stat. 1316; Pub. L. 100-667, title I,
Sec. 131, Nov. 16, 1988, 102 Stat. 3946; Pub. L. 105-330, title II,
Sec. 201(a)(10), Oct. 30, 1998, 112 Stat. 3070.)
Codification
Pub. L. 100-667, Sec. 131(b)(1), transferred section 39a of act July
5, 1946, which was classified to section 1121a of this title, to subsec.
(b) of this section.
In subsec. (a), the words ``and the United States Court of Appeals
for the District of Columbia'' following ``the Courts of Appeal of the
United States'' have been deleted as superfluous in view of section 41
of Title 28, Judiciary and Judicial Procedure, which includes the
District of Columbia within the eleven judicial circuits of the United
States. The word ``and'' has been inserted preceding ``the courts of
appeal of the United States'' to preserve the conjunctive sense of the
sentence.
Prior Provisions
Acts Feb. 20, 1905, ch. 592, Sec. 17, 33 Stat. 728; Mar. 3, 1911,
ch. 231, Sec. 291, 36 Stat. 1167; June 7, 1934, ch. 426, 48 Stat. 926;
June 25, 1936, ch. 804, 49 Stat. 1921.
Amendments
1998--Subsec. (a). Pub. L. 105-330 substituted ``courts'' for
``circuit courts'' before ``of appeal of the United States''.
1988--Subsec. (a). Pub. L. 100-667, Sec. 131(a), designated existing
provisions as subsec. (a).
Subsec. (b). Pub. L. 100-667, Sec. 131(b), redesignated section
1121a of this title as subsec. (b) of this section and substituted
``service marks'' for ``servicemarks'' in two places.
1982--Pub. L. 97-164 inserted ``(other than the United States Court
of Appeals for the Federal Circuit)''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-330 effective Oct. 30, 1998, and applicable
only to any civil action filed or proceeding before the United States
Patent and Trademark Office commenced on or after such date relating to
the registration of a mark, see section 201(b) of Pub. L. 105-330, set
out as a note under section 1051 of this title.
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 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
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.
