Lanham Act (Trademark Act) Word 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 word index contains links an alphabetized index to the Lanham Act as found in U.S. Code Title 15. This word index was created for a previous version of Title 15, but still provides a useful index to the current version (although newly added concepts such as the Madrid Protocol will not be found in this word index). An up-do-date section listing of the Lanham Act can be found in the main index.
Executive summary:
INDEX TO TRADEMARK ACT of 1946
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |
A
Abandonment of application: For failure to file statement of use: 1(d)(4)
For failure to respond to Office action: 12(b)
Revival of abandoned application: 12(b)
Abandonment of mark:
Cancellation of registration: 14(3), 24
Definition of: 45
Acknowledgments: 11
Acquiescence in inter partes proceedings: 19
Action of Commissioner in inter partes proceedings: 18
Affidavit or declaration:
Claiming benefits of Act of 1946: 12(c)
For incontestability: 15
Of use in commerce or excusable nonuse: 8
Marks registered under prior acts and published under section 12(c) : 8(b)
Notification of acceptance or refusal: 8(c)
Requirement: 8(a)
To avoid cancellation at end of 6 years: 8
Amendment to allege use: 1(c)
Amendments:
Of application: 12(b)
Of certificate of registration: 7(e)
Antitrust violation as a defense: 33(b)(7)
Appeal:
Pending on effective date of Act: 47(b)
To Trademark Trial and Appeal Board: 20
To United States Court of Appeals for the Federal Circuit: 21(a)
To United States District Court: 21(b)
Applicant:
Definition of: 45
Foreign, designation of domestic representative: 1(e)
Mistake in registration through the fault of: 7(h)
Application for registration:
Combined (plurality of classes): 30
Concurrent use: 1(a), 2(d), 17, 18
Examination of: 12(a), 23(b)
Filing bases:
Foreign application (priority) : 44(d)
Foreign registration: 44(e)
Intent to use: 1(b)
Use in commerce: 1(a)
Pending on effective date of Act: 47(a)
Principal Register: 1
Supplemental Register: 23
Assignee:
Certificate of registration may be issued to: 7(d)
New certificate in name of: 7(d)
Not domiciled in United States: 10
Assignment of mark:
New certificate after: 7(d)
Recording in Patent and Trademark Office: 10
Authentication of copies of records: 7(f)
C
Cancellation of registration:
By court: 37
By registrant: 7(e)
For failure to file affidavit or declaration during sixth year: 8
On Principal Register: 14
On Supplemental Register: 24
Petition by Federal Trade Commission: 14
Procedure: 17, 18
Specified grounds for: 14
Certificate of correction: 7(g), 7(h)
Certificate of registration:
Amendment: 7(e)
Contents: 7(a)
Correction: 7(g), 7(h)
Evidence7(b), 33
May be issued to assignee: 7(d)
Principal Register: 7(a)
Supplemental Register: 25
Surrender for cancellation: 7(e)
Certification mark:
Cancellation: 14(5)
Definition of: 45
Registrability: 4
Certified copies of registrations and records: 7(f)
Citizenship of applicant: 1(a)(1)(A), 1(b)(1)(A)
Civil action:
False designations of origin: 43(a)
False statements, civil liability: 38
Review of decision of Commissioner or of Trademark Trial and Appeal
Board: 21
Claim of benefits of Act of 1946 for marks registered under prior acts: 12(c)
Classification of goods and services: 30
Coat of arms or other insignia of government: 2(b)
Collective mark:
Definition of: 45
Registrability: 4
Colorable imitation, definition of: 45
Combined application: 30
Commerce, definition of: 45
Commercial name, definition of: 45
Commercial names of foreigners protected: 44(g)
Commissioner, definition of: 45
Conclusive evidence of registrant's exclusive right to use mark: 33(b)
Concurrent use: 1(a), 2(d), 12(a), 17, 18
Consent of living individual: 2(c)
Construction and definitions of Act of 1946: 45
Constructive notice: 22
Constructive use, filing as: 7(c)
Contested or inter partes proceedings: 16-21
Correction of mistake by applicant in certificate: 7(h)
Correction of Office mistake in certificate: 7(g)
Counterfeit, definition of: 45
Counterfeit mark, defined: 34(d)(1)(B)
Country of origin, defined: 44(c)
Court of Appeals for the Federal Circuit, appeal to: 21
Courts, jurisdiction, power, decrees, and orders: 37, 39
D
Damages for infringement, recovery of: 35
Date of first use: 1(a)(1)(A)
Date of first use in commerce: 1(a)(1)(A), 1(d)(1)
Deceptive matter not registrable: 2(a)
Defenses against incontestable registration: 33(b)
Definitions in Act of 1946: 45
Delay in responding to Office action: 12(b)
Descriptive marks: 2(e)
Designation of domestic representative by foreign applicant or registrant.1(e), 9(c), 10
Destruction of infringing matter: 36
Disclaimer:
Of registration in part: 7(e)
Of unregistrable component of mark: 6
Display alteration: 39(b)
Distinctiveness: 2(f), (b), 27
Domestic representative of foreign applicant or registrant: 1(e), 9(c), 10
Domicile of applicant: 1(a)(1)(A), 1(b)(1)(A)
Drawing1(a)(1)(B), 1(b)(1)(B)
Duration of registration: 8(a), 9(a), 51
E
Effective date of Act of 1946: 46(a)
Equitable principles applicable in inter partes proceedings: 19
Estoppel in inter partes proceedings: 19
Evidence:
Certificate of registration as: 7(b), 33
Certified copies of Patent and Trademark Office records as: 7(f)
Examination of applications: 12(a), 23(b)
Excusable nonuse: 8
Extension of time:
For filing opposition: 13(a)
For filing statement of use: 1(d)(2)
F
Facsimiles as specimens: 1(a)(1)(C), 1(d)(1), 8(a), 9(a)
Failure to respond to Office action: 12(b)
Fair use: 33(b)(4)
False designation of origin and false description forbidden: 43
False or fraudulent registration, civil liability for: 38
Falsely suggestive matter not registrable: 2(a)
Federal courts, jurisdiction of: 39(a)
Federal Trade Commission, application for cancellation by: 14
Fees and charges: 31
Filing date, effective, of application with right of priority: 44(d)
Final refusal of application: 12(b)
Flag of nation, state, or municipality: 2(b)
Foreign applicant or registrant, designation of domestic representative: 1(e), 9(c), 10
Foreign applicant for renewal: 9(c)
Foreign assignee: 10
Foreign nationals, rights of also available to United States citizens: 44(i)
Foreign owner of trademark, rights of: 44(b)
Foreign protection, registration required for: 23
Foreign registrations: 44(e)
Independence of: 44(f)
Certified copy of: 44(e)
Prior: 44(c)
Fraudulent registration: 14(3), 33(b)
G
Generic name: 14(3), 15(4), 45
Geographical marks: 2(e)(2)
Goods and services, classification of: 30
Goodwill, assignment of: 10
I
Immoral matter not registrable: 2(a)
Importation
Of goods bearing false designation of origin or false description forbidden: 43(b)
Of goods bearing infringing mark forbidden: 42
Not stopped by registration on Supplemental Register or registration under Act of March 19, 1920: 28
Incontestability:
Defenses against: 33(b)
Freedom from interference: 16
Of right to use mark: 15
Indications of regional origin: 2(e)(2), 4
Injunction against infringement: 34
Innocent infringement: 32(2)
Intent of Act, definition of: 45
Intent-to-use application:
Amendment to allege use: 1(c)
Assignment: 10
Extension of time for filing statement of use: 1(d)(2)
Filing: 1(b)
Notice of allowance: 1(d), 13(b)(2)
Statement of use: 1(d)
Inter-American Conventions: 44(b)
Interference: 16, 17, 18
International bureaus and conventions: 44(a)
International Convention for the Protection of Industrial Property: 44(b)
Inter partes proceedings: 16-19
J
Jurisdiction of federal courts: 39(a)
Juristic person, definition of: 45
L
Laches in inter partes proceedings: 19
M
Mark, definition of: 45
Marks registrable on Principal Register: 2
Marks registrable on Supplemental Register: 23
Marks under section 12(c) not subject to opposition; subject to cancellation: 12(c), 14
Misdescriptive marks: 2(e)
Misrepresentation as ground for cancellation: 14(3)
Mistake in registration:
Through fault of applicant: 7(h)
Through fault of Patent and Trademark Office: 7(g)
N
Name of living individual or deceased President: 2(c)
New certificate on change of ownership: 7(d)
Nonuse due to special circumstances: 8
Notaries public: 11
Notice, constructive: 22
Notice of allowance: 1(d), 13(b)(2)
Notice of application for concurrent registration: 2(d)
Notice of claim of benefits of 1946 Act: 12(c)
Notice of registrant's claim of ownership of mark by registration on
Principal Register: 22
Notice of publication under section 12(c) : 12(c)
Notice of registration given by registrant: 29
Notice of registration published in Official Gazette: 13(b)(1)
Notice to Commissioner of suits filed in court: 21, 34
Notification of acceptance or refusal
Of statement of use: 1(d)(3)
Of section 8 affidavit or declaration: 8(c)
Notification of refusal to renew registration: 9(b)
O
Oaths, before whom made: 11
Opposition not available against mark on Supplemental Register: 24, 26
Opposition to registration of mark on Principal Register: 13, 17-19
P
Person, definition of: 45
Petition to cancel: 14, 23
Petition to revive abandoned application: 12(b)
Portrait of living individual or deceased President: 2(c)
Power of court over marks and registrations: 37
Prima facie evidence of registrant's exclusive right to use: 7(b), 33(a)
Principal Register: 1-22
Definition of: 45
Printers and publishers, innocent infringement by: 32(2)
Prior acts:
Reference to, in definition section: 45
Repeal of: 46(a)
Status of registrations existing under: 46(b)
Priority, right of: 44(d)
Profits and damages for infringement: 32, 35
Publication in Official Gazette:
Of claim of benefits under section 12(c) for marks registered under prior acts: 12(c)
Of mark when found registrable: 12(a)
R
Recording of assignment: 10
Recovery for violation of rights: 35
Rectification of register by order of court: 37
Reexamination of application: 12(b)
Refusal of registration: 12(b), 23
Regional origin, indication of: 2(e)(2), 4
Registered mark, definition of: 45
Registrability of:
Collective and certification marks: 4
Marks in plurality of classes: 30
Marks on Principal Register: 2
Marks on Supplemental Register: 23
Service marks: 3
Registrant
Claiming benefits of 1946 Act: 12(c)
Definition of: 45
Registration as notice of registrant's claim of ownership: 22
Registration notice: 29
Registration required for foreign protection: 23
Registrations under prior acts, effect of Act of 1946: 46(b)
Related company:
Definition of: 45
Use by: 5
Remedies: 32-39
Renewal of registration:
Application for: 9(a)
Foreign applicant for: 9(c)
Notification by Commissioner of refusal: 9(b)
Term of: 9(a)
Repeal of prior acts: 46(a)
Representations, false: 38, 43(a)
Request for extension of time:
To file opposition: 13(a)
To file statement of use: 1(d)(2)
Reregistration of marks registered under prior acts: 46(b)
Resemblance to other marks: 2(d)
Response to Office action: 12(b)
Revival of abandoned applications: 12(b)
Right of priority: 44(d)
Rights in marks acquired in good faith prior to effective date of Act of 1946: 49
S
Scandalous matter not registrable: 2(a)
Section 8 affidavit or declaration: 8
Section 15 affidavit or declaration: 15
Service mark
Definition of: 45
Registrability of: 3
Severability of provisions of Act of 1946: 50
Signature of living individual or deceased President: 2(c)
Single certificate for one mark registered in plurality of classes: 30
Specimens showing use of mark: 1(a)(1)(C), 1(d)(1), 8(a), 9(a)
Statement of use: 1(d)
Supplemental Register: 23-28
Cancellation of mark registered on: 24
Certificate of registration on: 25
Definition of: 45
Provisions of act applicable: 26
Surname: 2(e)(3)
Surrender of certificate of registration: 7(e)
T
Ten-year proviso, effect of marks registered under: 46(b)
Term of registration: 8(a), 9(a), 51
Time:
For amendment of application: 12(b)
For applying to renew registration: 9(a)
For filing affidavit or declaration to avoid cancellation: 8
For filing opposition: 13(a)
For filing petition for cancellation: 14
Trademark, definition of: 45
Trademark Trial and Appeal Board: 17
Trade name, definition of: 45
Trade names of foreigners protected: 44(g)
Treasury Department to keep record of marks transmitted to it: 42
U
Unfair competition, protection of foreigners against: 44(h)
United States, definition of: 45
United States Court of Appeals for the Federal Circuit, appeal to: 21(a)
United States District Court, appeal to: 21(b)
Use in commerce:
Affidavit or declaration of: 8
By related companies: 5
Date of first: 1(a)(1)(A), 1(d)(1)
Definition of: 45
V
Verification of application: 1(a)(1)(A), 1(b)(1)(A)
Verifications: 11