15-U.S.C.-1111
§1111 – Notice of Registration; Display With Mark; Recovery of Profits and Damages In Infringement Suit
Pathway
Title 15 > Chapter 22 > Subchapter III > Section 1111
Details
- Reference: Section 1111
- Legend: §1111 – Notice of Registration; Display With Mark; Recovery of Profits and Damages In Infringement Suit
- USCode Year: 2013
Provision Content
Notwithstanding the provisions of section 1072 of this title, a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words Registered in U.S. Patent and Trademark Office or Reg. U.S. Pat. & Tm. Off. or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.
(July 5, 1946, ch. 540, title III, §29, 60 Stat. 436; Pub. L. 87–772, §15, Oct. 9, 1962, 76 Stat. 773; Pub. L. 93–596, §§1, 2, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100–667, title I, §125, Nov. 16, 1988, 102 Stat. 3943.)
Prior Provisions
Acts Feb. 20, 1905, ch. 592, §28, 33 Stat. 730; Mar. 19, 1920, ch. 104, §§5, 6, 41 Stat. 534, 535.
Amendments
1988—Pub. L. 100–667 struck out as used after with the mark.
1975—Pub. L. 93–596 substituted Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent and Trademark Office’ or ‘Reg. U.S. Pat. & Tm. Off.’ for Patent Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent Office’ or ‘Reg. U.S. Pat. Off.’ .
1962—Pub. L. 87–772 substituted in the Patent Office, may for under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register established by this chapter, shall, and to give such notice of registration, for so to mark goods bearing the registered mark, or by a registrant under the Act of March 19, 1920, or by the registrant of a mark on the supplemental register provided by this chapter.
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.
Effective Date of 1975 Amendment
Pub. L. 93–596, §4, Jan. 2, 1975, 88 Stat. 1949, provided that: This Act [amending this section, sections 1051, 1052, 1057, 1058, 1060, 1062, 1063, 1065, 1067, 1069, 1071, 1092, 1112, 1113, 1116 to 1120, 1123, and 1127 of this title, and sections 2 to 4, 6 to 8, 10, 11, 21 to 26, 31 to 33, 41, 104, 119, 121, 122, 135, 142 to 144, 146, 152, 153, 253 to 255, 261, 288, and 293 of Title 35, Patents, and enacting provisions set out as a note under section 1 of title 35] shall become effective upon enactment [Jan. 2, 1975]. However, any registrant may continue to give notice of his registration in accordance with section 29 of the Trademark Act of 1946 (60 Stat. 427), as amended Oct. 9, 1962 (76 Stat. 769) [this section], as an alternative to notice in accordance with section 29 of the Trademark Act as amended by section 2 of this Act, regardless of whether his mark was registered before or after the effective date of this Act.
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.
U.S. Encyclopedia of Law Coverage
15-U.S.C.-1069 in the Legal Encyclopedia: Trade Law
In this entry about 15-U.S.C.-1069, find legal reference material, bibliographies and premiere content related to trade law in the American Encyclopedia of Law, presenting a comprehensive view of the United States trade law-specific issues, written by authorities in the field.
15-U.S.C.-1057 in the Legal Encyclopedia: Trademarks
In this entry about 15-U.S.C.-1057, find legal reference material, bibliographies and premiere content related to trademarks in the American Encyclopedia of Law, presenting a comprehensive view of the United States trademarks-specific issues, written by authorities in the field.
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