U.S. Congress - H.R.4515 Trademark Technical and Conforming Amendment Act of 2010
H.R.4515 - Trademark Technical and Conforming Amendment Act of 2010
To make certain technical and conforming amendments to the Lanham Act. view all titles (2)
All Bill Titles
- Official: To make certain technical and conforming amendments to the Lanham Act. as introduced.
- Short: Trademark Technical and Conforming Amendment Act of 2010 as introduced.
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Official Summary
1/26/2010--Introduced.Trademark Technical and Conforming Amendment Act of 2010 - Amends the Act commonly known as the Lanham Act to replace references to "registrant" with references to "owner" in provisions: (1) making a certificate of registration prima facie evidenceOfficial Summary
1/26/2010--Introduced.Trademark Technical and Conforming Amendment Act of 2010 - Amends the Act commonly known as the Lanham Act to replace references to "registrant" with references to "owner" in provisions:(1) making a certificate of registration prima facie evidence of the validity, registration, ownership, and exclusive rights to use a mark; and
(2) relating to a registrant's surrender, cancellation, or amendment of registration. Requires, in the event of a surrender, cancellation, or amendment, that an appropriate entry be made on the records of the United States Patent and Trademark Office (USPTO) and on the certificate of registration. (Current law allows, when the certificate is lost or destroyed, such an entry to be made on a certified copy of the certificate.) Requires, when the USPTO makes a material mistake in a registration, that a certificate stating the fact and nature of the mistake be attached to each printed copy of the registration. (Current law requires that the certificate stating the mistake be attached to each printed copy of the registration certificate.) Replaces references to "registrant" with references to "owner" in provisions relating to the incontestability of the right to use a mark under certain conditions. Allows the holder of an international registration to appeal to the U.S. Court of Appeals for the Federal Circuit if the holder is dissatisfied with the decision of the Director or Trademark Trial and Appeal Board. Modifies requirements regarding the duration of registrations and related affidavits and fees. Requires a study and report to Congress on:
(1) the extent to which small businesses may be harmed by litigation tactics by corporations attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; and
(2) the best use of federal government services to protect trademarks and prevent counterfeiting.
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Recent Blog Coverage
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High Speed Rail Transportation Policy and Development Act : report ...
High Speed Rail Transportation Policy and Development Act : report (to accompany H.R. 4515) (including cost estimate of the Congressional Budget Office) (SuDoc.
High Speed Rail Transportation Policy and Development Act : report ...
High Speed Rail Transportation Policy and Development Act : report (to accompany HR 4515) (including cost estimate of the Congressional Budget Office) (SuDoc Y 1.1/8:101-799). Buy this product Now. Author : US Congressional Budget ...
USPTO Seeks Comments on Potential Trademark Misuse
However, buried at the end of the law (initially proposed as HR 4515 and S 2968), is a provision requiring that the Secretary of Commerce should undertake a study to determine: "the extent to which small businesses may be harmed by ...
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