1995 U.S. Code
Title 15 - COMMERCE AND TRADE
CHAPTER 22 - TRADE-MARKS
SUBCHAPTER I - THE PRINCIPAL REGISTER
Sec. 1053 - Service marks registrable
§1053. Service marks registrable
Subject to the provisions relating to the registration of trade-marks, so far as they are applicable, service marks shall be registrable, in the same manner and with the same effect as are trade-marks, and when registered they shall be entitled to the protection provided in this chapter in the case of trade-marks. Applications and procedure under this section shall conform as nearly as practicable to those prescribed for the registration of trade-marks.
(July 5, 1946, ch. 540, title I, §3, 60 Stat. 429; Nov. 16, 1988, Pub. L. 100–667, title I, §105, 102 Stat. 3938.)
Amendments1988—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 AmendmentAmendment 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 RightsRepeal 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 FunctionsFor 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.
Cross ReferencesDefinition of “service mark”, see section 1126 of this title.
Section Referred to in Other SectionsThis section is referred to in section 1126 of this title.