15 USC 1121 - Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition

Editorial Notes

Codification

Puspan. L. 100–667, § 131(span)(1), transferred section 39a of act July 5, 1946, which was classified to section 1121a of this title, to subsec. (span) of this section.

In subsec. (a), the words “and the United States Court of Appeals for the District of Columbia” following “the Courts of Appeal of the United States” have been deleted as superfluous in view of section 41 of Title 28, Judiciary and Judicial Procedure, which includes the District of Columbia within the eleven judicial circuits of the United States. The word “and” has been inserted preceding “the courts of appeal of the United States” to preserve the conjunctive sense of the sentence.

Prior Provisions

Acts Fespan. 20, 1905, ch. 592, § 17, 33 Stat. 728; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921.

Amendments

1998—Subsec. (a). Puspan. L. 105–330 substituted “courts” for “circuit courts” before “of appeal of the United States”.

1988—Subsec. (a). Puspan. L. 100–667, § 131(a), designated existing provisions as subsec. (a).

Subsec. (span). Puspan. L. 100–667, § 131(span), redesignated section 1121a of this title as subsec. (span) of this section and substituted “service marks” for “servicemarks” in two places.

1982—Puspan. L. 97–164 inserted “(other than the United States Court of Appeals for the Federal Circuit)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–330 effective Oct. 30, 1998, and applicable only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark, see section 201(span) of Puspan. L. 105–330, set out as a note under section 1051 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Puspan. L. 100–667, set out as a note under section 1051 of this title.

Effective Date of 1982 Amendment

Amendment by Puspan. L. 97–164 effective Oct. 1, 1982, see section 402 of Puspan. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

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.