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U.S. Code as of:
01/19/04
Section 1127. Construction and definitions; intent of chapter
In the construction of this chapter, unless the contrary is
plainly apparent from the context -
The United States includes and embraces all territory which is
under its jurisdiction and control.
The word "commerce" means all commerce which may lawfully be
regulated by Congress.
The term "principal register" refers to the register provided for
by sections 1051 to 1072 of this title, and the term "supplemental
register" refers to the register provided for by sections 1091 to
1096 of this title.
The term "person" and any other word or term used to designate
the applicant or other entitled to a benefit or privilege or
rendered liable under the provisions of this chapter includes a
juristic person as well as a natural person. The term "juristic
person" includes a firm, corporation, union, association, or other
organization capable of suing and being sued in a court of law.
The term "person" also includes the United States, any agency or
instrumentality thereof, or any individual, firm, or corporation
acting for the United States and with the authorization and consent
of the United States. The United States, any agency or
instrumentality thereof, and any individual, firm, or corporation
acting for the United States and with the authorization and consent
of the United States, shall be subject to the provisions of this
chapter in the same manner and to the same extent as any
nongovernmental entity.
The term "person" also includes any State, any instrumentality of
a State, and any officer or employee of a State or instrumentality
of a State acting in his or her official capacity. Any State, and
any such instrumentality, officer, or employee, shall be subject to
the provisions of this chapter in the same manner and to the same
extent as any nongovernmental entity.
The terms "applicant" and "registrant" embrace the legal
representatives, predecessors, successors and assigns of such
applicant or registrant.
The term "Director" means the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office.
The term "related company" means any person whose use of a mark
is controlled by the owner of the mark with respect to the nature
and quality of the goods or services on or in connection with which
the mark is used.
The terms "trade name" and "commercial name" mean any name used
by a person to identify his or her business or vocation.
The term "trademark" includes any word, name, symbol, or device,
or any combination thereof -
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce
and applies to register on the principal register established by
this chapter,
to identify and distinguish his or her goods, including a unique
product, from those manufactured or sold by others and to indicate
the source of the goods, even if that source is unknown.
The term "service mark" means any word, name, symbol, or device,
or any combination thereof -
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce
and applies to register on the principal register established by
this chapter,
to identify and distinguish the services of one person, including a
unique service, from the services of others and to indicate the
source of the services, even if that source is unknown. Titles,
character names, and other distinctive features of radio or
television programs may be registered as service marks
notwithstanding that they, or the programs, may advertise the goods
of the sponsor.
The term "certification mark" means any word, name, symbol, or
device, or any combination thereof -
(1) used by a person other than its owner, or
(2) which its owner has a bona fide intention to permit a
person other than the owner to use in commerce and files an
application to register on the principal register established by
this chapter,
to certify regional or other origin, material, mode of manufacture,
quality, accuracy, or other characteristics of such person's goods
or services or that the work or labor on the goods or services was
performed by members of a union or other organization.
The term "collective mark" means a trademark or service mark -
(1) used by the members of a cooperative, an association, or
other collective group or organization, or
(2) which such cooperative, association, or other collective
group or organization has a bona fide intention to use in
commerce and applies to register on the principal register
established by this chapter,
and includes marks indicating membership in a union, an
association, or other organization.
The term "mark" includes any trademark, service mark, collective
mark, or certification mark.
The term "use in commerce" means the bona fide use of a mark in
the ordinary course of trade, and not made merely to reserve a
right in a mark. For purposes of this chapter, a mark shall be
deemed to be in use in commerce -
(1) on goods when -
(A) it is placed in any manner on the goods or their
containers or the displays associated therewith or on the tags
or labels affixed thereto, or if the nature of the goods makes
such placement impracticable, then on documents associated with
the goods or their sale, and
(B) the goods are sold or transported in commerce, and
(2) on services when it is used or displayed in the sale or
advertising of services and the services are rendered in
commerce, or the services are rendered in more than one State or
in the United States and a foreign country and the person
rendering the services is engaged in commerce in connection with
the services.
A mark shall be deemed to be "abandoned" if either of the
following occurs:
(1) When its use has been discontinued with intent not to
resume such use. Intent not to resume may be inferred from
circumstances. Nonuse for 3 consecutive years shall be prima
facie evidence of abandonment. "Use" of a mark means the bona
fide use of such mark made in the ordinary course of trade, and
not made merely to reserve a right in a mark.
(2) When any course of conduct of the owner, including acts of
omission as well as commission, causes the mark to become the
generic name for the goods or services on or in connection with
which it is used or otherwise to lose its significance as a mark.
Purchaser motivation shall not be a test for determining
abandonment under this paragraph.
The term "dilution" means the lessening of the capacity of a
famous mark to identify and distinguish goods or services,
regardless of the presence or absence of -
(1) competition between the owner of the famous mark and other
parties, or
(2) likelihood of confusion, mistake, or deception.
The term "colorable imitation" includes any mark which so
resembles a registered mark as to be likely to cause confusion or
mistake or to deceive.
The term "registered mark" means a mark registered in the United
States Patent and Trademark Office under this chapter or under the
Act of March 3, 1881, or the Act of February 20, 1905, or the Act
of March 19, 1920. The phrase "marks registered in the Patent and
Trademark Office" means registered marks.
The term "Act of March 3, 1881", "Act of February 20, 1905", or
"Act of March 19, 1920", means the respective Act as amended.
A "counterfeit" is a spurious mark which is identical with, or
substantially indistinguishable from, a registered mark.
The term "domain name" means any alphanumeric designation which
is registered with or assigned by any domain name registrar, domain
name registry, or other domain name registration authority as part
of an electronic address on the Internet.
The term "Internet" has the meaning given that term in section
230(f)(1) of title 47.
Words used in the singular include the plural and vice versa.
The intent of this chapter is to regulate commerce within the
control of Congress by making actionable the deceptive and
misleading use of marks in such commerce; to protect registered
marks used in such commerce from interference by State, or
territorial legislation; to protect persons engaged in such
commerce against unfair competition; to prevent fraud and deception
in such commerce by the use of reproductions, copies, counterfeits,
or colorable imitations of registered marks; and to provide rights
and remedies stipulated by treaties and conventions respecting
trademarks, trade names, and unfair competition entered into
between the United States and foreign nations.
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