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15 U.S.C. § 1055 — Use by related companies affecting validity and registration

submitted 80 years ago by ch. 540 to r/title-15-COMMERCE-AND-TRADE · 114 words · no verdicts yet

in plain englishAI-generated · not legal advice

Legitimate use of a registered or proposed mark by related companies benefits the registrant or applicant and does not harm the mark’s validity or registration, unless the use deceives the public. Controlled first use by another person also benefits the registrant or applicant.

If related companies legitimately use a registered mark or a mark being considered for registration, that use benefits the registrant or applicant and does not affect the mark’s validity or registration, as long as the use does not deceive the public. If the registrant or applicant controls another person’s first use of the mark concerning the nature and quality of the goods or services, that first use benefits the registrant or applicant.
the actual law source: uscode.house.gov ↗public domain

Where a registered mark or a mark sought to be registered is or may be used legitimately by related companies, such use shall inure to the benefit of the registrant or applicant for registration, and such use shall not affect the validity of such mark or of its registration, provided such mark is not used in such manner as to deceive the public. If first use of a mark by a person is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be.

Source credit: (July 5, 1946, ch. 540, title I, § 5, 60 Stat. 429; Pub. L. 100–667, title I, § 107, Nov. 16, 1988, 102 Stat. 3938.)

history & why it existsrecord from the source credit
  • 1946Enacted · Act of July 5, 1946, ch. 540 · 60 Stat. 429
  • 1988Amended · Pub. L. 100-667 · 102 Stat. 3938

A history note hasn’t been published yet. The record shows enactment by ch. 540 on 1946-07-05.

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