15 U.S.C. § 1053

Current through P.L. 118-44 (published on www.congress.gov on 03/18/2024), except for [P. L. 118-42]
Section 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.

15 U.S.C. § 1053

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.


AMENDMENTS1999- 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 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.