Lanham Act
Encyclopedia
The Lanham Act (title 15, chapter 22 of the United States Code
) is a piece of legislation that contains the federal statutes of trademark
law in the United States
. The Act prohibits a number of activities, including trademark infringement
, trademark dilution
, and false advertising
.
of Texas
, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6
, 1947. Act July 5, 1946, ch 540, § 46, 60 Stat. 444. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. It was later amended by Congress.
Note that there are gaps between the United States Code sections, to accommodate the insertion of new statutes into the Code. Two such additions have been made to Subchapter three, with the later creation of the National Intellectual Property Law Enforcement Coordination Council codified at , and the passage of prohibitions against cyberpiracy codified at .
, which bestows various rights on the trademark owner to prevent others from infringing their mark. Among the requirements are prohibitions against the registration of marks that are confusingly similar to existing marks, are generic or merely descriptive, are scandalous or immoral, or fall onto certain other prohibited categories. Subchapter I also sets forth certain procedural requirements, such as the submission of an affidavit of continued use after five years of registration.
Subchapter II sets forth a form of registration on the Supplemental Register
, for certain marks that are unregistrable under Subchapter I, but may become registrable in the future, such as those that are merely descriptive. This form of registration, while not granting all the protections of registration on the Principal Register, does provide notice to potential infringers that the mark is in use, and also provides some procedural benefits.
Section 43(a) (codified at 15 USC 1125(a)) is the "likelihood of confusion" standard for infringement of an unregistered trademark or trade dress. Courts still frequently refer to this as "Section 43(a)".
Section 43(a)(1)(B) is also often utilized in law when false or misleading statements are alleged to have hurt a business. To be proven in court a claimant must satisfy 3 principles: There was a false or misleading statement made, the statement was used in commercial advertising or promotion, and the statement creates a likelihood of harm to the plaintiff.
Section 43(a)(1)(A) http://www.law.cornell.edu/uscode/15/usc_sec_15_00001125----000-.html is also often utilized in law when false or misleading statements of fact are alleged to have hurt a consumer or a business. The law requires a claimant to prove that a false or misleading statement of fact was made in commerce, and the statement creates a likelihood of harm to the plaintiff.
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
) is a piece of legislation that contains the federal statutes of trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
law in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The Act prohibits a number of activities, including trademark infringement
Trademark infringement
Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees...
, trademark dilution
Trademark dilution
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with,...
, and false advertising
False advertising
False advertising or deceptive advertising is the use of false or misleading statements in advertising. As advertising has the potential to persuade people into commercial transactions that they might otherwise avoid, many governments around the world use regulations to control false, deceptive or...
.
History
Named for Representative Fritz G. LanhamFritz G. Lanham
Frederick Garland "Fritz" Lanham was a member of the United States House of Representatives from the state of Texas. A Democrat, Lanham was the son of Samuel Willis Tucker Lanham, a governor of Texas and himself a member of Congress. After graduating from the University of Texas at Austin with a...
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6
, 1947. Act July 5, 1946, ch 540, § 46, 60 Stat. 444. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. It was later amended by Congress.
Divisions
The Lanham Act is divided into the following four subchapters:- Subchapter I - The Principal RegisterPrincipal RegisterIn United States trademark law, the Principal Register is the primary register of trademarks maintained by the United States Patent and Trademark Office. It is governed by Subchapter I of the Lanham Act....
- §§ 1051-1072 (Sections 1 to 22) - Subchapter II - The Supplemental RegisterSupplemental RegisterIn United States trademark law, the Supplemental Register is the secondary register of trademarks maintained by the United States Patent and Trademark Office...
- §§ 1091-1096 (Sections 23 to 28) - Subchapter III - General Provisions - §§ 1111-1129 (Sections 29 to 45) [note: §§ 1128 & 1129 have no corresponding Lanham Act number]
- Subchapter IV - The Madrid Protocol - §§ 1141-1141n (not part of the original Lanham Act)
Note that there are gaps between the United States Code sections, to accommodate the insertion of new statutes into the Code. Two such additions have been made to Subchapter three, with the later creation of the National Intellectual Property Law Enforcement Coordination Council codified at , and the passage of prohibitions against cyberpiracy codified at .
Subchapters I and II
The provisions of Subchapter I set forth the right of trademark owners to attain a federal registration of their marks. Subchapter I sets forth the requirements that a mark must meet to receive a registration on the Principal RegisterPrincipal Register
In United States trademark law, the Principal Register is the primary register of trademarks maintained by the United States Patent and Trademark Office. It is governed by Subchapter I of the Lanham Act....
, which bestows various rights on the trademark owner to prevent others from infringing their mark. Among the requirements are prohibitions against the registration of marks that are confusingly similar to existing marks, are generic or merely descriptive, are scandalous or immoral, or fall onto certain other prohibited categories. Subchapter I also sets forth certain procedural requirements, such as the submission of an affidavit of continued use after five years of registration.
Subchapter II sets forth a form of registration on the Supplemental Register
Supplemental Register
In United States trademark law, the Supplemental Register is the secondary register of trademarks maintained by the United States Patent and Trademark Office...
, for certain marks that are unregistrable under Subchapter I, but may become registrable in the future, such as those that are merely descriptive. This form of registration, while not granting all the protections of registration on the Principal Register, does provide notice to potential infringers that the mark is in use, and also provides some procedural benefits.
Subchapter III
The provisions of Subchapter III are the heart of the Lanham Act, with Sections 42 and 43 of the Lanham Act setting forth the remedies that can be sought when a trademark is infringed. These provisions can be used to restrict the importation of goods that infringe or counterfeit registered trademarks, through the use of injunctions and damages.Section 43(a) (codified at 15 USC 1125(a)) is the "likelihood of confusion" standard for infringement of an unregistered trademark or trade dress. Courts still frequently refer to this as "Section 43(a)".
Section 43(a)(1)(B) is also often utilized in law when false or misleading statements are alleged to have hurt a business. To be proven in court a claimant must satisfy 3 principles: There was a false or misleading statement made, the statement was used in commercial advertising or promotion, and the statement creates a likelihood of harm to the plaintiff.
Section 43(a)(1)(A) http://www.law.cornell.edu/uscode/15/usc_sec_15_00001125----000-.html is also often utilized in law when false or misleading statements of fact are alleged to have hurt a consumer or a business. The law requires a claimant to prove that a false or misleading statement of fact was made in commerce, and the statement creates a likelihood of harm to the plaintiff.