§ 1127. — Construction and definitions; intent of chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1127]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1127. Construction and definitions; intent of chapter
In the construction of this chapter, unless the contrary is plainly
apparent from the context--
The United States includes and embraces all territory which is under
its jurisdiction and control.
The word ``commerce'' means all commerce which may lawfully be
regulated by Congress.
The term ``principal register'' refers to the register provided for
by sections 1051 to 1072 of this title, and the term ``supplemental
register'' refers to the register provided for by sections 1091 to 1096
of this title.
The term ``person'' and any other word or term used to designate the
applicant or other entitled to a benefit or privilege or rendered liable
under the provisions of this chapter includes a juristic person as well
as a natural person. The term ``juristic person'' includes a firm,
corporation, union, association, or other organization capable of suing
and being sued in a court of law.
The term ``person'' also includes the United States, any agency or
instrumentality thereof, or any individual, firm, or corporation acting
for the United States and with the authorization and consent of the
United States. The United States, any agency or instrumentality thereof,
and any individual, firm, or corporation acting for the United States
and with the authorization and consent of the United States, shall be
subject to the provisions of this chapter in the same manner and to the
same extent as any nongovernmental entity.
The term ``person'' also includes any State, any instrumentality of
a State, and any officer or employee of a State or instrumentality of a
State acting in his or her official capacity. Any State, and any such
instrumentality, officer, or employee, shall be subject to the
provisions of this chapter in the same manner and to the same extent as
any nongovernmental entity.
The terms ``applicant'' and ``registrant'' embrace the legal
representatives, predecessors, successors and assigns of such applicant
or registrant.
The term ``Director'' means the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office.
The term ``related company'' means any person whose use of a mark is
controlled by the owner of the mark with respect to the nature and
quality of the goods or services on or in connection with which the mark
is used.
The terms ``trade name'' and ``commercial name'' mean any name used
by a person to identify his or her business or vocation.
The term ``trademark'' includes any word, name, symbol, or device,
or any combination thereof--
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce
and applies to register on the principal register established by
this chapter,
to identify and distinguish his or her goods, including a unique
product, from those manufactured or sold by others and to indicate the
source of the goods, even if that source is unknown.
The term ``service mark'' means any word, name, symbol, or device,
or any combination thereof--
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce
and applies to register on the principal register established by
this chapter,
to identify and distinguish the services of one person, including a
unique service, from the services of others and to indicate the source
of the services, even if that source is unknown. Titles, character
names, and other distinctive features of radio or television programs
may be registered as service marks notwithstanding that they, or the
programs, may advertise the goods of the sponsor.
The term ``certification mark'' means any word, name, symbol, or
device, or any combination thereof--
(1) used by a person other than its owner, or
(2) which its owner has a bona fide intention to permit a person
other than the owner to use in commerce and files an application to
register on the principal register established by this chapter,
to certify regional or other origin, material, mode of manufacture,
quality, accuracy, or other characteristics of such person's goods or
services or that the work or labor on the goods or services was
performed by members of a union or other organization.
The term ``collective mark'' means a trademark or service mark--
(1) used by the members of a cooperative, an association, or
other collective group or organization, or
(2) which such cooperative, association, or other collective
group or organization has a bona fide intention to use in commerce
and applies to register on the principal register established by
this chapter,
and includes marks indicating membership in a union, an association, or
other organization.
The term ``mark'' includes any trademark, service mark, collective
mark, or certification mark.
The term ``use in commerce'' means the bona fide use of a mark in
the ordinary course of trade, and not made merely to reserve a right in
a mark. For purposes of this chapter, a mark shall be deemed to be in
use in commerce--
(1) on goods when--
(A) it is placed in any manner on the goods or their
containers or the displays associated therewith or on the tags
or labels affixed thereto, or if the nature of the goods makes
such placement impracticable, then on documents associated with
the goods or their sale, and
(B) the goods are sold or transported in commerce, and
(2) on services when it is used or displayed in the sale or
advertising of services and the services are rendered in commerce,
or the services are rendered in more than one State or in the United
States and a foreign country and the person rendering the services
is engaged in commerce in connection with the services.
A mark shall be deemed to be ``abandoned'' if either of the
following occurs:
(1) When its use has been discontinued with intent not to resume
such use. Intent not to resume may be inferred from circumstances.
Nonuse for 3 consecutive years shall be prima facie evidence of
abandonment. ``Use'' of a mark means the bona fide use of such mark
made in the ordinary course of trade, and not made merely to reserve
a right in a mark.
(2) When any course of conduct of the owner, including acts of
omission as well as commission, causes the mark to become the
generic name for the goods or services on or in connection with
which it is used or otherwise to lose its significance as a mark.
Purchaser motivation shall not be a test for determining abandonment
under this paragraph.
The term ``dilution'' means the lessening of the capacity of a
famous mark to identify and distinguish goods or services, regardless of
the presence or absence of--
(1) competition between the owner of the famous mark and other
parties, or
(2) likelihood of confusion, mistake, or deception.
The term ``colorable imitation'' includes any mark which so
resembles a registered mark as to be likely to cause confusion or
mistake or to deceive.
The term ``registered mark'' means a mark registered in the United
States Patent and Trademark Office under this chapter or under the Act
of March 3, 1881, or the Act of February 20, 1905, or the Act of March
19, 1920. The phrase ``marks registered in the Patent and Trademark
Office'' means registered marks.
The term ``Act of March 3, 1881'', ``Act of February 20, 1905'', or
``Act of March 19, 1920'', means the respective Act as amended.
A ``counterfeit'' is a spurious mark which is identical with, or
substantially indistinguishable from, a registered mark.
The term ``domain name'' means any alphanumeric designation which is
registered with or assigned by any domain name registrar, domain name
registry, or other domain name registration authority as part of an
electronic address on the Internet.
The term ``Internet'' has the meaning given that term in section
230(f)(1) of title 47.
Words used in the singular include the plural and vice versa.
The intent of this chapter is to regulate commerce within the
control of Congress by making actionable the deceptive and misleading
use of marks in such commerce; to protect registered marks used in such
commerce from interference by State, or territorial legislation; to
protect persons engaged in such commerce against unfair competition; to
prevent fraud and deception in such commerce by the use of
reproductions, copies, counterfeits, or colorable imitations of
registered marks; and to provide rights and remedies stipulated by
treaties and conventions respecting trademarks, trade names, and unfair
competition entered into between the United States and foreign nations.
(July 5, 1946, ch. 540, title X, Sec. 45, 60 Stat. 443; Pub. L. 87-772,
Sec. 21, Oct. 9, 1962, 76 Stat. 774; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 98-620, title I, Sec. 103, Nov. 8, 1984, 98
Stat. 3335; Pub. L. 100-667, title I, Sec. 134, Nov. 16, 1988, 102 Stat.
3946; Pub. L. 102-542, Sec. 3(d), Oct. 27, 1992, 106 Stat. 3568; Pub. L.
103-465, title V, Sec. 521, Dec. 8, 1994, 108 Stat. 4981; Pub. L. 104-
98, Sec. 4, Jan. 16, 1996, 109 Stat. 986; Pub. L. 106-43, Secs. 4(c),
6(b), Aug. 5, 1999, 113 Stat. 219, 220; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title III, Sec. 3005, title IV, Sec. 4732(b)(1)(A)],
Nov. 29, 1999, 113 Stat. 1536, 1501A-550, 1501A-583.)
References in Text
Acts March 3, 1881, February 20, 1905, and March 19, 1920, referred
to in text, are acts Mar. 3, 1881, ch. 138, 21 Stat. 502; Feb. 20, 1905,
ch. 592, 33 Stat. 724; and Mar. 19, 1920, ch. 104, 41 Stat. 533, which
were repealed insofar as inconsistent with this chapter by act July 5,
1946, ch. 540, Sec. 46(a), 60 Stat. 444. Act Feb. 20, 1905, was
classified to sections 81 to 109 of this title. Act Mar. 19, 1920, had
been generally classified to sections 121 to 128 of this title.
Prior Provisions
Acts Feb. 20, 1905, ch. 592, Sec. 29, 33 Stat. 731; June 10, 1938,
ch. 332, Sec. 5, 52 Stat. 639.
Amendments
1999--Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(b)(1)(A)], substituted par. defining ``Director'' for par.
which read as follows: ``The term `Commissioner' means the Commissioner
of Patents and Trademarks.''
Pub. L. 106-113, Sec. 1000(a)(9) [title III, Sec. 3005], inserted
pars. defining ``domain name'' and ``Internet'' after par. defining
``counterfeit''.
Pub. L. 106-43, Sec. 6(b), substituted ``trademarks'' for ``trade-
marks'' in last undesignated par.
Pub. L. 106-43, Sec. 4(c), between pars. defining ``person''
inserted: ``The term `person' also includes the United States, any
agency or instrumentality thereof, or any individual, firm, or
corporation acting for the United States and with the authorization and
consent of the United States. The United States, any agency or
instrumentality thereof, and any individual, firm, or corporation acting
for the United States and with the authorization and consent of the
United States, shall be subject to the provisions of this chapter in the
same manner and to the same extent as any nongovernmental entity.''
1996--Pub. L. 104-98 inserted par. defining ``dilution'' after par.
defining ``abandoned''.
1994--Pub. L. 103-465 amended par. defining ``abandoned'' generally.
Prior to amendment, par. read as follows: ``A mark shall be deemed to be
`abandoned' when either of the following occurs:
``(1) When its use has been discontinued with intent not to
resume such use. Intent not to resume may be inferred from
circumstances. Nonuse for two consecutive years shall be prima facie
evidence of abandonment. `Use' of a mark means the bona fide use of
that mark made in the ordinary course of trade, and not made merely
to reserve a right in a mark.
``(2) When any course of conduct of the owner, including acts of
omission as well as commission, causes the mark to become the
generic name for the goods or services on or in connection with
which it is used or otherwise to lose its significance as a mark.
Purchaser motivation shall not be a test for determining abandonment
under this paragraph.''
1992--Pub. L. 102-542 inserted after fourth undesignated par. ``The
term `person' also includes any State, any instrumentality of a State,
and any officer or employee of a State or instrumentality of a State
acting in his or her official capacity. Any State, and any such
instrumentality, officer, or employee, shall be subject to the
provisions of this chapter in the same manner and to the same extent as
any nongovernmental entity.''
1988--Pub. L. 100-667, Sec. 134(1), amended par. defining ``related
company'' generally. Prior to amendment, par. read as follows: ``The
term `related company' means any person who legitimately controls or is
controlled by the registrant or applicant for registration in respect to
the nature and quality of the goods or services in connection with which
the mark is used.''
Pub. L. 100-667, Sec. 134(2), amended par. defining ``trade name''
and ``commercial name'' generally. Prior to amendment, par. read as
follows: ``The terms `trade name' and `commercial name' include
individual names and surnames, firm names and trade names used by
manufacturers, industrialists, merchants, agriculturists, and others to
identify their businesses, vocations, or occupations; the names or
titles lawfully adopted and used by persons, firms, associations,
corporations, companies, unions, and any manufacturing, industrial,
commercial, agricultural, or other organizations engaged in trade or
commerce and capable of suing and being sued in a court of law.''
Pub. L. 100-667, Sec. 134(3), amended par. defining ``trademark''
generally. Prior to amendment, par. read as follows: ``The term
`trademark' includes any word, name, symbol, or device or any
combination thereof adopted and used by a manufacturer or merchant to
identify and distinguish his goods, including a unique product, from
those manufactured or sold by others and to indicate the source of the
goods, even if that source is unknown.''
Pub. L. 100-667, Sec. 134(4), amended par. defining ``service mark''
generally. Prior to amendment, par. read as follows: ``The term `service
mark' means a mark used in the sale or advertising of services to
identify and distinguish the services of one person, including a unique
service, from the services of others and to indicate the source of the
services, even if that source is unknown. Titles, character names and
other distinctive features of radio or television programs may be
registered as service marks notwithstanding that they, or the programs,
may advertise the goods of the sponsor.''
Pub. L. 100-667, Sec. 134(5), amended par. defining ``certification
mark'' generally. Prior to amendment, par. read as follows: ``The term
`certification mark' means a mark used upon or in connection with the
products or services of one or more persons other than the owner of the
mark to certify regional or other origin, material, mode of manufacture,
quality, accuracy or other characteristics of such goods or services or
that the work or labor on the goods or services was performed by members
of a union or other organization.''
Pub. L. 100-667, Sec. 134(6), amended par. defining ``collective
mark'' generally. Prior to amendment, par. read as follows: ``The term
`collective mark' means a trade-mark or service mark used by the members
of a cooperative, an association or other collective group or
organization and includes marks used to indicate membership in a union,
an association or other organization.''
Pub. L. 100-667, Sec. 134(7), amended par. defining ``mark''
generally. Prior to amendment, par. read as follows: ``The term `mark'
includes any trade-mark, service mark, collective mark, or certification
mark entitled to registration under this chapter whether registered or
not.''
Pub. L. 100-667, Sec. 134(8), substituted par. defining ``use in
commerce'' for former par. which read as follows: ``For the purposes of
this chapter a mark shall be deemed to be used in commerce (a) on goods
when it is placed in any manner on the goods or their containers or the
displays associated therewith or on the tags or labels affixed thereto
and the goods are sold or transported in commerce and (b) on services
when it is used or displayed in the sale or advertising of services and
the services are rendered in commerce, or the services are rendered in
more than one State or in this and a foreign country and the person
rendering the services is engaged in commerce in connection therewith.''
and par. providing when a mark is deemed abandoned for former par. which
read as follows: ``A mark shall be deemed to be `abandoned'--
``(a) When its use has been discontinued with intent not to resume.
Intent not to resume may be inferred from circumstances. Nonuse for two
consecutive years shall be prima facie abandonment.
``(b) When any course of conduct of the registrant, including acts
of omission as well as commission, causes the mark to lose its
significance as an indication of origin. Purchaser motivation shall not
be a test for determining abandonment under this subparagraph.''
1984--Pub. L. 98-620, Sec. 103(1), in definition of ``trademark''
substituted ``trademark'' for ``trade-mark'', and substituted ``identify
and distinguish his goods, including a unique product, from those
manufactured or sold by others and to indicate the source of the goods,
even if that source is unknown'' for ``identify his goods and
distinguish them from those manufactured or sold by others''.
Pub. L. 98-620, Sec. 103(2), in definition of ``service mark''
substituted ``The term `service mark' means a mark used in the sale or
advertising of services to identify and distinguish the services of one
person, including a unique service, from the services of others and to
indicate the source of the services, even if that source is unknown''
for ``The term `service mark' means a mark used in the sale or
advertising of services to identify the services of one person and
distinguish them from the services of others''.
Pub. L. 98-620, Sec. 103(3), in subpar. (b) of par. relating to when
a mark shall be deemed to be ``abandoned'', inserted ``Purchaser
motivation shall not be a test for determining abandonment under this
subparagraph.''
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office'' in two places and ``Commissioner of Patents and
Trademarks'' for ``Commissioner of Patents'' in definition of
``Commissioner''.
1962--Pub. L. 87-772 substituted, ``predecessors,'' for ``and'' in
definition of ``applicant'' and ``registrant'', ``Titles, character
names and other distinctive features of radio or television programs may
be registered as service marks notwithstanding that they, or the
programs, may advertise the goods of the sponsor'' for ``and includes
without limitation the marks, names, symbols, titles, designations,
slogans, character names, and distinctive features of radio or other
advertising used in commerce'', in definition of ``service mark'',
inserted ``or the services are rendered in more than one State or in
this and a foreign country and the person rendering the services is
engaged in commerce in connection therewith'' in fifteenth paragraph
relating to use in commerce, struck out ``purchasers'' after ``deceive''
in definition of ``colorable imitation'', and substituted ``commerce''
for ``commence'' in last par. relating to the intent of the chapter.
Effective Date of 1999 Amendment
Amendment by section 1000(a)(9) [title III, Sec. 3005] of Pub. L.
106-113 applicable to all domain names registered before, on, or after
Nov. 29, 1999, see section 1000(a)(9) [title III, Sec. 3010] of Pub. L.
106-113, set out as a note under section 1117 of this title.
Amendment by section 1000(a)(9) [title IV, Sec. 4732(b)(1)(A)] of
Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section
1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note
under section 1 of Title 35, Patents.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective one year after the date on
which the WTO Agreement enters into force with respect to the United
States [Jan. 1, 1995], see section 523 of Pub. L. 103-465, set out as a
note under section 1052 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-542 effective with respect to violations
that occur on or after Oct. 27, 1992, see section 4 of Pub. L. 102-542,
set out as a note under section 1114 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 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 1129 of this title; title 19
sections 1526, 1595a.
