2010 US Code
Title 15 - COMMERCE AND TRADE
CHAPTER 22 - TRADEMARKS
SUBCHAPTER I - THE PRINCIPAL REGISTER
Sec. 1053 - Service marks registrable

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 4, Title 15 - COMMERCE AND TRADE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 15 - COMMERCE AND TRADE
CHAPTER 22 - TRADEMARKS
SUBCHAPTER I - THE PRINCIPAL REGISTER
Sec. 1053 - Service marks registrable
Containssection 1053
Date2010
Laws in Effect as of DateJanuary 7, 2011
Positive LawNo
Dispositionstandard
Source CreditJuly 5, 1946, ch. 540, title I, §3, 60 Stat. 429; Pub. L. 100-667, title I, §105, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106-43, §6(b), Aug. 5, 1999, 113 Stat. 220.
Statutes at Large References60 Stat. 429
64 Stat. 1263
102 Stat. 3938
113 Stat. 220
Public Law ReferencesPublic Law 100-667, Public Law 106-43


§1053. Service marks registrable

Subject to the provisions relating to the registration of trademarks, so far as they are applicable, service marks shall be registrable, in the same manner and with the same effect as are trademarks, and when registered they shall be entitled to the protection provided in this chapter in the case of trademarks. Applications and procedure under this section shall conform as nearly as practicable to those prescribed for the registration of trademarks.

(July 5, 1946, ch. 540, title I, §3, 60 Stat. 429; Pub. L. 100–667, title I, §105, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106–43, §6(b), Aug. 5, 1999, 113 Stat. 220.)

Amendments

1999—Pub. L. 106–43 substituted “trademarks” for “trade-marks” wherever appearing.

1988—Pub. L. 100–667 struck out “used in commerce” after “applicable, service marks” and “, except when used so as to represent falsely that the owner thereof makes or sells the goods on which such mark is used. The Commissioner may establish a separate register for such service marks” after “case of trade-marks”.

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.

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, §§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.

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