15 U.S.C. § 1111 — Notice of registration; display with mark; recovery of profits and damages in infringement suit
submitted 80 years ago by ch. 540 to r/title-15-COMMERCE-AND-TRADE · 104 words · no verdicts yet
A mark registrant may give notice of registration by displaying one of the listed words, abbreviations, or symbols. Without notice, infringement damages and profits generally cannot be recovered unless the defendant actually knew of the registration.
despite 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 must be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.
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.
Source credit: (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.)
- 1946Enacted · Act of July 5, 1946, ch. 540 · 60 Stat. 436
- 1962Amended · Pub. L. 87-772 · 76 Stat. 773
- 1975Amended · Pub. L. 93-596 · 88 Stat. 1949
- 1988Amended · Pub. L. 100-667 · 102 Stat. 3943
A history note hasn’t been published yet. The record shows enactment by ch. 540 on 1946-07-05.
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