FEDERAL · 15 U.S.C. · Chapter SUBCHAPTER I—THE PRINCIPAL REGISTER
Service marks registrable
15 U.S.C. § 1053
Title15 — Commerce and Trade
ChapterSUBCHAPTER I—THE PRINCIPAL REGISTER
This text of 15 U.S.C. § 1053 (Service marks registrable) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
15 U.S.C. § 1053.
Text
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.
469 U.S. 189 (Supreme Court, 1985)
Lane Capital Management, Inc., Plaintiff-Counter-Defendant-Appellee v. Lane Capital Management, Inc., Defendant-Counter-Claimant-Appellant
192 F.3d 337 (Second Circuit, 1999)
Country Floors, Inc. v. A Partnership Composed of Charley Gepner and Gary Ford, D/B/A Country Tiles
930 F.2d 1056 (Third Circuit, 1991)
American Heritage Life Insurance Company, Plaintiff-Appellant-Cross v. Heritage Life Insurance Company, Defendant-Appellee-Cross
494 F.2d 3 (Fifth Circuit, 1974)
Professional Golfers Association of America v. Bankers Life & Casualty Company
514 F.2d 665 (Fifth Circuit, 1975)
Peaches Entertainment Corp. v. Entertainment Repertoire Associates, Inc.
62 F.3d 690 (Fifth Circuit, 1995)
American International Group, Inc. v. American International Bank
926 F.2d 829 (Ninth Circuit, 1991)
Brother Records, Inc. v. Jardine
318 F.3d 900 (Ninth Circuit, 2003)
Patsy's Italian Restaurant, Inc. v. Banas
658 F.3d 254 (Second Circuit, 2011)
Burger King of Florida, Inc., and Burger King Restaurants, Inc. v. Gene Hoots and Betty Hoots, D/B/A Burger King
403 F.2d 904 (Seventh Circuit, 1968)
Hyatt Corporation v. Hyatt Legal Services and Joel Hyatt
736 F.2d 1153 (Seventh Circuit, 1984)
Heroes, Inc. v. Heroes Foundation
958 F. Supp. 1 (District of Columbia, 1996)
Telemed Corporation v. Tel-Med, Inc., and Chicago Medical Society
588 F.2d 213 (Seventh Circuit, 1978)
Aycock Engineering, Inc. v. Airflite, Inc.
560 F.3d 1350 (Federal Circuit, 2009)
Amoco Oil Company v. John A. Torcomian, Albert Torcomian
722 F.2d 1099 (Third Circuit, 1983)
In Re Dr Pepper Company
836 F.2d 508 (Federal Circuit, 1987)
In Re Advertising & Marketing Development, Inc.
821 F.2d 614 (Federal Circuit, 1987)
West Florida Seafood, Inc. v. Jet Restaurants, Inc.
31 F.3d 1122 (Federal Circuit, 1994)
Carl M. Martahus, D/B/A Video Cassette Duplication Services v. Video Duplication Services, Inc.
3 F.3d 417 (Federal Circuit, 1993)
Miss Universe, Inc. v. Patricelli
271 F. Supp. 104 (D. Connecticut, 1967)
Source Credit
History
(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.)
Editorial Notes
Editorial Notes
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".
Statutory Notes and Related Subsidiaries
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.
Executive Documents
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.
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".
Statutory Notes and Related Subsidiaries
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.
Executive Documents
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.
Cite This Page — Counsel Stack
Bluebook (online)
15 U.S.C. § 1053, Counsel Stack Legal Research, https://law.counselstack.com/usc/15/1053.