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1997 U.S. Code
Title 15 - COMMERCE AND TRADE
CHAPTER 22 - TRADE-MARKS
SUBCHAPTER I - THE PRINCIPAL REGISTER
Sec. 1053 - Service marks registrable

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Metadata
Publication TitleUnited States Code, 1994 Edition, Supplement 3, 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 - TRADE-MARKS
SUBCHAPTER I - THE PRINCIPAL REGISTER
Sec. 1053 - Service marks registrable
Containssection 1053
Date1997
Laws in Effect as of DateJanuary 26, 1998
Positive LawNo
Dispositionstandard
Source CreditJuly 5, 1946, ch. 540, title I, §3, 60 Stat. 429; Nov. 16, 1988, Pub. L. 100-667, title I, §105, 102 Stat. 3938.
Statutes at Large References60 Stat. 429
64 Stat. 1263
102 Stat. 3938
Public Law ReferencesPublic Law 100-667


§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.)

Amendments

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.

Cross References

Definition of “service mark”, see section 1126 of this title.

Section Referred to in Other Sections

This section is referred to in section 1126 of this title.

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