Lanham (Trademark) Act (15 U.S.C.) Index

Executive summary:

The Lanham Act is found in Title 15 of the U.S. Code and contains the federal statutes governing trademark law in the United States. However, this act is not the exclusive law governing U.S. trademark law, since both common law and state statutes also control some aspects of trademark protection. This index contains links to each of the sections of the Lanham, and was last updated in October, 2005.

A key word index to the Lanham Act is also provided.

You may wish to go directly to one of the following sections of this index:

Subchapter I - The Principal Register
Subchapter II - The Supplemental Register
Subchapter III - General Provisions
Subchapter IV - The Madrid Protocol

Subchapter i - the principal register

§1051 (Section 1 of the Lanham Act). Application for registration; verification

§1052 (Section 2 of the Lanham Act). Trademarks registrable on the principal register; concurrent registration

§1053 (Section 3 of the Lanham Act). Service marks registrable

§1054 (Section 4 of the Lanham Act). Collective marks and certification marks registrable

§1055 (Section 5 of the Lanham Act). Use by related companies affecting validity and registration

§1056 (Section 6 of the Lanham Act). Disclaimer of unregistrable matter

§1057 (Section 7 of the Lanham Act). Certificates of registration

§1058 (Section 8 of the Lanham Act). Duration

§1059 (Section 9 of the Lanham Act). Renewal of registration

§1060 (Section 10 of the Lanham Act). Assignment

§1061 (Section 11 of the Lanham Act). Execution of acknowledgments and verifications

§1062 (Section 12 of the Lanham Act). Publication

§1063 (Section 13 of the Lanham Act). Opposition to registration

§1064 (Section 14 of the Lanham Act). Cancellation of registration

§1065 (Section 15 of the Lanham Act). Incontestability of right to use mark under certain conditions

§1066 (Section 16 of the Lanham Act). Interference; declaration by Director

§1067 (Section 17 of the Lanham Act). Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board

§1068 (Section 18 of the Lanham Act). Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation

§1069 (Section 19 of the Lanham Act). Application of equitable principles in inter partes proceedings

§1070 (Section 20 of the Lanham Act). Appeals to Trademark Trial and Appeal Board from decisions of examiners

§1071 (Section 21 of the Lanham Act). Appeal to courts

§1072 (Section 22 of the Lanham Act). Registration as constructive notice of claim of ownership

Subchapter ii - the supplemental register

§1091 (Section 23 of the Lanham Act). Supplemental register

§1092 (Section 24 of the Lanham Act). Publication; not subject to opposition; cancellation

§1093 (Section 25 of the Lanham Act). Registration certificates for marks on principal and supplemental registers to be different

§1094 (Section 26 of the Lanham Act). Provisions of chapter applicable to registrations on supplemental register

§1095 (Section 27 of the Lanham Act). Registration on principal register not precluded

§1096 (Section 28 of the Lanham Act). Registration on supplemental register not used to stop importations

Subchapter iii - General Provisions

§1111 (Section 29 of the Lanham Act). Notice of registration; display with mark; recovery of profits and damages in infringement suit

§1112 (Section 30 of the Lanham Act). Classification of goods and services; registration in plurality of classes

§1113 (Section 31 of the Lanham Act). Fees

§1114 (Section 32 of the Lanham Act). Remedies; infringement; innocent infringement by printers and publishers

§1115 (Section 33 of the Lanham Act). Registration on principal register as evidence of exclusive right to use mark; defenses

§1116 (Section 34 of the Lanham Act). Injunctive relief

§1117 (Section 35 of the Lanham Act). Recovery for violation of rights

§1118 (Section 36 of the Lanham Act). Destruction of infringing articles

§1119 (Section 37 of the Lanham Act). Power of court over registration; certification of decrees and orders

§1120 (Section 38 of the Lanham Act). Civil liability for false or fraudulent registration

§1121 (Section 39 of the Lanham Act). Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition

§1122 (Section 40 of the Lanham Act). Liability of United States and States, and instrumentalities and officials thereof

§1123 (Section 41 of the Lanham Act). Rules and regulations for conduct of proceedings in Patent and Trademark Office

§1124 (Section 42 of the Lanham Act). Importation of goods bearing infringing marks or names forbidden

§1125 (Section 43 of the Lanham Act). False designations of origin, false descriptions, and dilution forbidden

§1126 (Section 44 of the Lanham Act). International conventions; register of marks

§1127 (Section 45 of the Lanham Act). Construction and definitions; intent of chapter

§1128. National Intellectual Property Law Enforcement Coordination Council

§1129. Cyberpiracy protections for individuals

Subchapter iv - the madrid protocol

§1141. Definitions

§1141a. International applications based on United States applications or registrations

§1141b. Certification of the international application

§1141c. Restriction, abandonment, cancellation, or expiration of a basic application or basic registration

§1141d. Request for extension of protection subsequent to international registration

§1141e. Extension of protection of an international registration to the United States under the Madrid Protocol

§1141f. Effect of filing a request for extension of protection of an international registration to the United States

§1141g. Right of priority for request for extension of protection to the United States

§1141h. Examination of and opposition to request for extension of protection; notification of refusal

§1141i. Effect of extension of protection

§1141j. Dependence of extension of protection to the United States on the underlying international registration

§1141k. Affidavits and fees

§1141l. Assignment of an extension of protection

§1141m. Incontestability

§1141n. Rights of extension of protection