§1054. Collective marks and certification marks registrable

Subject to the provisions relating to the registration of trademarks, so far as they are applicable, collective and certification marks, including indications of regional origin, shall be registrable under this chapter, in the same manner and with the same effect as are trademarks, by persons, and nations, States, municipalities, and the like, exercising legitimate control over the use of the marks sought to be registered, even though not possessing an industrial or commercial establishment, and when registered they shall be entitled to the protection provided in this chapter in the case of trademarks, except in the case of certification marks when used so as to represent falsely that the owner or a user thereof makes or sells the goods or performs the services on or in connection with which such mark is used. Applications and procedure under this section shall conform as nearly as practicable to those prescribed for the registration of trademarks.

(July 5, 1946, ch. 540, title I, §4, 60 Stat. 429 ; Pub. L. 100–667, title I, §106, Nov. 16, 1988, 102 Stat. 3938 ; Pub. L. 106–43, §6(b), Aug. 5, 1999, 113 Stat. 220 .)

Editorial Notes

Prior Provisions

Acts Feb. 20, 1905, ch. 592, §1, 33 Stat. 724 ; May 4, 1906, ch. 2081, §1, 34 Stat. 168 ; Feb. 18, 1909, ch. 144, 35 Stat. 628 ; Apr. 11, 1930, ch. 132, §4, 46 Stat. 155 ; June 10, 1938, ch. 332, §1, 52 Stat. 638 .

Amendments

1999-Pub. L. 106–43 substituted "trademarks" for "trade-marks" wherever appearing.

1988-Pub. L. 100–667 substituted "origin," for "origin used in commerce," and "except in the case of certification marks when" for "except when" and struck out after first sentence "The Commissioner may establish a separate register for such collective marks and certification marks."

Statutory Notes and Related Subsidiaries

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.

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.

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.