r/title-15-COMMERCE-AND-TRADE wiki — defined terms
The statute’s own glossary: every term Title 15 defines, in section order.
“eligible fixed asset” applies in that section
the term “eligible fixed asset” means tangible property relating to which the Administrator may provide financing under this section; and;
“Federal banking regulator appraisal threshold” applies in that section
the term “Federal banking regulator appraisal threshold” means the lesser of the threshold amounts set by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation for when a federally related transaction that is a commercial real estate transaction requires an appraisal prepared by a State licensed or certified appraiser.
“qualified debt” applies in that section
the term “qualified debt” means indebtedness— (aa) that was incurred not less than 6 months before the date of the application for assistance under this subparagraph; (bb) that is a commercial loan; (cc) the proceeds of which were used to acquire an eligible fixed asset; (dd) that was incurred for the benefit of the small business concern; and (ee) that is collateralized by eligible fixed assets.
“small manufacturer” applies in that section
the term “small manufacturer” means a small business concern— (i) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and (ii) all of the production facilities of which are located in the United States. (3) Criteria for assistance.— (A) In general .— Any development company assisted under this section or section 697 of this title must meet the criteria established by the Administration, including the extent of participation to be required or amount of paid-in capital to be used in each instance as is determined to be reasonable by the Administration.
“qualified State or local development company” applies in that section
the term “qualified State or local development company” means any State or local development company which, as determined by the Administration, has— (A) a full-time professional staff; (B) professional management ability (including adequate accounting, legal, and business-servicing abilities); and (C) a board of directors, or membership, which meets on a regular basis to make management decisions for such company, including decisions relating to the making and servicing of loans by such company.
“qualified State or local development company” applies in that section
the term “qualified State or local development company” has the meaning given the term in section 697(e) of this title .
“calendar quarter” applies in that section
the term “calendar quarter” means— (i) the period which begins on January 1 and ends on March 31 of each year; (ii) the period which begins on April 1 and ends on June 30 of each year; (iii) the period which begins on July 1 and ends on September 30 of each year; and (iv) the period which begins on October 1 and ends on December 31 of each year. (L) Regulations Not later than 45 days after May 28, 2004 , the Administrator shall publish in the Federal Register and transmit to the Congress regulations to carry out this paragraph.
“eligible calendar quarter” applies in that section
the term “eligible calendar quarter” means— (i) the first calendar quarter that begins after the end of the 90-day period beginning with May 28, 2004 ; and (ii) the 7 succeeding calendar quarters. (K) Calendar quarter For purposes of this paragraph,
“PCLP loan” applies in that section
the term “PCLP loan” means any loan guaranteed under this section. (J) Eligible calendar quarter For purposes of this paragraph,
“qualified high loss reserve PCL” applies in that section
The term “qualified high loss reserve PCL” means, with respect to any calendar year, any premier certified lender designated by the Administrator as a qualified high loss reserve PCL for such year. The Administrator shall not designate a company under the preceding sentence unless the Administrator determines that— (i) the amount of the loss reserve of the company is not less than $100,000; (ii) the company has established and is utilizing an appropriate and effective process for analyzing the risk of loss associated with its portfolio of PCLP loans and for grading each PCLP loan made by the company on the basis of the risk of loss associated with such loan; and (iii) the company meets or …
“qualified independent auditor” applies in that section
the term “qualified independent auditor” means any auditor who— (i) is compensated by the qualified high loss reserve PCL; (ii) is independent of such PCL; and (iii) has been approved by the Administrator during the preceding year. (I) PCLP loan For purposes of this paragraph,
“specified risk management benchmarks” applies in that section
the term “specified risk management benchmarks” means the following rates, as determined by the Administrator: (i) Currency rate. (ii) Delinquency rate. (iii) Default rate. (iv) Liquidation rate. (v) Loss rate. (H) Qualified independent auditor For purposes of this paragraph,
“borrower” applies in that section
the term “borrower” means a small business concern whose loan secures a debenture issued pursuant to section 697 of this title . (f) Regulations Not later than 30 days after October 22, 1994 , the Administration shall promulgate such regulations as may be necessary to carry out this section. (g) Authorization There are authorized to be appropriated $30,000,000 to carry out the provisions of The Small Business Prepayment Penalty Relief Act of 1994.
“issuer” applies in that section
the term “issuer” means— (A) the qualified State or local development company that issued a debenture pursuant to section 697 of this title , which has been purchased by the Federal Financing Bank; and (B) a small business investment company licensed pursuant to section 681 of this title ; or;
“citizen of the Northern Mariana Islands” applies in that section
The term “citizen of the Northern Mariana Islands” means— (A) an individual who qualifies as such under section 8 of the Schedule on Transitional Matters attached to the Constitution of the Northern Mariana Islands; or (B) a corporation, partnership, association, or other entity organized or existing under the laws of the Northern Mariana Islands, not less than 75 percent of the interest in which is owned by individuals referred to in subparagraph (A) or citizens or nationals of the United States, in cases in which “owned” is used in the same sense as in section 50501 of title 46 .
“Committee” applies in that section
The term “Committee” means the American Fisheries Advisory Committee established under paragraph (2). (B) Fishing community
“fishing community” applies in that section
The term “fishing community” means harvesters, marketers, growers, processors, recreational fishermen, charter fishermen, and persons providing them with goods and services. (C) Marketing and promotion
“marketing and promotion” applies in that section
The term “marketing and promotion” means an activity aimed at encouraging the consumption of seafood or expanding or maintaining commercial markets for seafood. (D) Processor
“person” applies in that section
The term “person” means— (A) any individual who is a citizen or national of the United States or a citizen of the Northern Mariana Islands; (B) any fishery development foundation or other private nonprofit corporation located in Alaska; and (C) any corporation, partnership, association, or other entity (including, but not limited to, any fishery development foundation or other private nonprofit corporation not located in Alaska), nonprofit or otherwise, if such entity is a citizen of the United States within the meaning of section 50501 of title 46 and for purposes of applying such section 50501 with respect to this section— (i) the term “State” as used therein includes any State referred …
“processor” applies in that section
The term “processor” means any person in the business of preparing or packaging seafood (including seafood of the processor’s own harvesting) for sale. (E) Seafood
“seafood” applies in that section
The term “seafood” means farm-raised and wild-caught fish, shellfish, or marine algae harvested in the United States or by a United States flagged vessel for human consumption. (2) Establishment Not later than 90 days after May 12, 2022 , the Secretary shall establish 6 regions within the American Fisheries Advisory Committee as follows: (A) Region 1 shall consist of Alaska, Hawaii, the Commonwealth of the Northern Mariana Islands, and the Territories of Guam and American Samoa. (B) Region 2 shall consist of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut.
“Secretary” applies in that section
The term “Secretary” means the Secretary of Commerce.;
“State” applies in that section
The term “State” means any State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands of the United States, Guam, the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States.;
“United States fishery” applies in that section
The term “United States fishery” means any fishery, including any tuna fishery, that is, or may be, engaged in by citizens or nationals of the United States or citizens of the Northern Mariana Islands.;
“contraband oil” applies throughout its chapter
The term “contraband oil” means petroleum which, or any constituent part of which, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from storage under the laws of a State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State, or any of the products of such petroleum, except petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws.;
“interstate commerce” applies throughout its chapter
The term “interstate commerce” means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof, or from any place in the United States to a foreign country, but only insofar as such commerce takes place within the United States.;
“person” applies throughout its chapter
The term “person” includes an individual, partnership, corporation, or joint-stock company,
“petroleum products” applies throughout its chapter
The term “products” or “petroleum products” includes any article produced or derived in whole or in part from petroleum or any product thereof by refining, processing, manufacturing, or otherwise.;
“products” applies throughout its chapter
The term “products” or “petroleum products” includes any article produced or derived in whole or in part from petroleum or any product thereof by refining, processing, manufacturing, or otherwise.;
“military installation” applies in that section
the term “military installation”— (A) means a base, camp, post, range, station, yard, center, or homeport facility for any ship or other activity under the jurisdiction of the Department of Defense, including any leased facility, that is located within a State, the District of Columbia, or any territory of the United States; and (B) does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects, as determined by the Secretary of Defense.
“Federal authorization” applies in that section
the term “Federal authorization”— (1) means any authorization required under Federal law with respect to an application for authorization under section 717b of this title or a certificate of public convenience and necessity under section 717f of this title ; and (2) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for authorization under section 717b of this title or a certificate of public convenience and necessity under section 717f of this title .
“conservation measures” applies in that section
The term “conservation measures” means such energy conservation measures, as determined by the Commission, as were implemented after the base period established under the curtailment plan in effect on November 9, 1978 .;
“curtailment plan” applies in that section
The term “curtailment plan” means a plan (including any modification of such plan required by the Natural Gas Policy Act of 1978 [ 15 U.S.C. 3301 et seq.] ) in effect under the Natural Gas Act [ 15 U.S.C. 717 et seq.] which provides for recognizing and implementing priorities of service during periods of curtailed deliveries.
“local distribution company” applies in that section
The term “local distribution company” means any person engaged in the transportation, or local distribution, of natural gas and the sale of natural gas for ultimate consumption.;
“contractual interests” applies in that section
The term “contractual interests” means the right to receive natural gas under contract as affected by an applicable curtailment plan filed with the Commission or the appropriate State regulatory authority.;
“curtailment plan” applies in that section
The term “curtailment plan” means a plan (including any modification of such plan required by the Natural Gas Policy Act of 1978 [ 15 U.S.C. 3301 et seq.] ), in effect under the Natural Gas Act or State law, which provides for recognizing and implementing priorities of service during periods of curtailed deliveries by any local distribution company, intrastate pipeline, or interstate pipeline.;
“facility” applies in that section
The term “facility” means any electric powerplant, or major fuel burning installation, as such terms are defined in the Powerplant and Industrial Fuel Use Act of 1978 [ 42 U.S.C. 8301 et seq.].;
“heavy petroleum fuel oil” applies in that section
The term “heavy petroleum fuel oil” means number 4, 5, or 6 fuel oil which is domestically refined.;
“high-priority use” applies in that section
The term “high-priority use” means any use of natural gas (other than its use for the generation of steam for industrial purposes or electricity) identified by the Commission as a high priority use for which the Commission determines a substitute fuel is not reasonably available.;
“interstate commerce” applies in that section
The term “interstate commerce” has the same meaning as such term has under the Natural Gas Act. (f) Coordination with the Natural Gas Act (1) Consideration in any transfer of contractual interests pursuant to the rule required under subsection (a)(1) of this section shall be deemed just and reasonable for purposes of sections 4 and 5 of the Natural Gas Act [ 15 U.S.C. 717c , 717d] if such consideration does not exceed just compensation. (2) No person shall be subject to the jurisdiction of the Commission under the Natural Gas Act [ 15 U.S.C.
“interstate pipeline” applies in that section
The term “interstate pipeline” means any person engaged in natural gas transportation subject to the jurisdiction of the Commission under the Natural Gas Act [ 15 U.S.C. 717 et seq.].;
“intrastate pipeline” applies in that section
The term “intrastate pipeline” means any person engaged in natural gas transportation (not including gathering) which is not subject to the jurisdiction of the Commission under the Natural Gas Act.;
“local distribution company” applies in that section
The term “local distribution company” means any person, other than any intrastate pipeline or any interstate pipeline, engaged in the transportation, or local distribution, of natural gas and the sale of natural gas for ultimate consumption.;
“natural gas” applies in that section
The term “natural gas” has the same meaning as provided by section 2(5) of the Natural Gas Act [ 15 U.S.C. 717a(5) ]. (2) The term “just compensation”, when used with respect to any contractual interests pursuant to the rule required under subsection (a)(1), means the maximum amount of, or method of determining, consideration which does not exceed the amount by which— (A) the reasonable costs (not including capital costs) incurred, during the remainder of the period of the contract with respect to which contractual interests are transferred pursuant to the rule required under subsection (a)(1), in direct association with the use of heavy petroleum fuel oil as a fuel in the applicable …
“high priority use” applies in that section
The term “high priority use” means any— (A) use of natural gas in a residence; (B) use of natural gas in a commercial establishment in amounts less than 50 Mcf on a peak day; or (C) any use of natural gas the curtailment of which the President determines would endanger life, health, or maintenance of physical property. (4) The term “Mcf”, when used with respect to natural gas, means 1,000 cubic feet of natural gas measured at a pressure of 14.73 pounds per square inch (absolute) and a temperature of 60 degrees Fahrenheit.
“petroleum products” applies in that section
The term “petroleum products” means crude oil, or any product derived from crude oil other than propane.;
“Alaska natural gas” applies throughout its chapter
the term “Alaska natural gas” means natural gas derived from the area of the State of Alaska generally known as the North Slope of Alaska, including the Continental Shelf thereof;
“approved transportation system” applies throughout its chapter
the term “approved transportation system” means the system for the transportation of Alaska natural gas designated by the President pursuant to section 719e(a) or 719f(b) of this title and approved by joint resolution of the Congress pursuant to section 719f of this title .
“Commission” applies throughout its chapter
the term “Commission” means the Federal Power Commission;
“provision of law” applies throughout its chapter
the term “provision of law” means any provision of a Federal statute or rule, regulation, or order issued thereunder; and;
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of the Interior;
“resolution” applies throughout its chapter
the term “resolution” means (A) a joint resolution, the resolving clause of which is as follows: “That the House of Representatives and Senate approve the Presidential decision on an Alaska natural gas transportation system submitted to the Congress on _____, 19 , and find that any environmental impact statements prepared relative to such system and submitted with the President’s decision are in compliance with the Natural 1 Environmental Policy Act of 1969.”; the blank space therein shall be filled with the date on which the President submits his decision to the House of Representatives and the Senate; or (B) a joint resolution described in subsection (g).
“Alaska natural gas” applies throughout its chapter
The term “Alaska natural gas” means natural gas derived from the area of the State of Alaska lying north of 64 degrees north latitude. (2) Alaska natural gas transportation project
“Alaska natural gas transportation project” applies throughout its chapter
The term “Alaska natural gas transportation project” means any natural gas pipeline system that carries Alaska natural gas to the border between Alaska and Canada (including related facilities subject to the jurisdiction of the Commission) that is authorized under— (A) the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719 et seq.); or (B) section 720a of this title . (3) Alaska natural gas transportation system
“Alaska natural gas transportation system” applies throughout its chapter
The term “Alaska natural gas transportation system” means the Alaska natural gas transportation project authorized under the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719 et seq.) and designated and described in section 2 of the President’s decision. (4) Commission
“Commission” applies throughout its chapter
The term “Commission” means the Federal Energy Regulatory Commission. (5) Federal Coordinator
“Federal Coordinator” applies throughout its chapter
The term “Federal Coordinator” means the head of the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects established by section 720d(a) of this title . (6) President’s decision
“President’s decision” applies throughout its chapter
The term “President’s decision” means the decision and report to Congress on the Alaska natural gas transportation system— (A) issued by the President on September 22, 1977 , in accordance with section 7 of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719e ); and (B) approved by Public Law 95–158 ( 15 U.S.C. 719f note; 91 Stat. 1268 ). (7) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Energy. (8) State
“State” applies throughout its chapter
The term “State” means the State of Alaska.
“small business concern” applies in that section
the term “small business concern” has the meaning given the term in section 632(a) of this title . (b) Sense of Congress It is the sense of Congress that— (1) an Alaska natural gas transportation project would provide significant economic benefits to the United States and Canada; and (2) to maximize those benefits, the sponsors of the Alaska natural gas transportation project should maximize the participation of small business concerns in contracts and subcontracts awarded in carrying out the project.
“Consumer Price Index” applies in that section
The term “Consumer Price Index” means the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics, or if such index shall cease to be published, any successor index or reasonable substitute thereof. (2) Eligible lender
“eligible lender” applies in that section
The term “eligible lender” means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 [ 15 U.S.C. 77a et seq.]), including— (A) a qualified retirement plan (as defined in section 4974(c) of title 26 ) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of title 26 ) that is a qualified institutional buyer. (3) Federal guarantee instrument
“Federal guarantee instrument” applies in that section
The term “Federal guarantee instrument” means any guarantee or other pledge by the Secretary to pledge the full faith and credit of the United States to pay all of the principal and interest on any loan or other debt obligation entered into by a holder of a certificate of public convenience and necessity. (4) Qualified infrastructure project
“qualified infrastructure project” applies in that section
The term “qualified infrastructure project” means an Alaskan natural gas transportation project or system consisting of the design, engineering, finance, construction, and completion of pipelines and related transportation and production systems (including gas treatment plants, liquification plants, and liquefied natural gas tankers for transportation of liquefied natural gas from southcentral Alaska), and appurtenances thereto, that are used to transport natural gas from the Alaska North Slope.
“petrochemical” applies in that section
the term “petrochemical” includes organic chemicals, cyclic intermediates, plastics and resins, synthetic fibers, elastomers, organic dyes, organic pigments, detergents, surface active agents, carbon black and ammonia.
“commercial standards” applies in that section
the term “commercial standards” means— (1) specifications of materials; (2) methods of testing; (3) criteria for adequate performance or operation; (4) model codes; (5) classification of components; (6) delineation of procedures or definition of terms; (7) measurement of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; or (8) similar rules, procedures, requirements, or standards; which are promulgated by any organization which is not a Federal entity.
“coal” applies in that section
The term “coal” includes coal derivatives. (f) Expiration of authority; effective dates (1) Authority to issue orders or rules under subsections (a) through (d) of this section shall expire at midnight, December 31, 1978 . Such a rule or order may take effect at any time before January 1, 1985 . (2) Authority to amend, repeal, rescind, modify, or enforce such rules or orders shall expire at midnight, December 31, 1984 ; but the expiration of such authority shall not affect any administrative or judicial proceeding which relates to any act or omission which occurred prior to January 1, 1985 .
“powerplant” applies in that section
The term “powerplant” means a fossil-fuel fired electric generating unit which produces electric power for purposes of sale or exchange.;
“energy information” applies in that section
The term “energy information” includes (A) all information in whatever form on (i) fuel reserves, exploration, extraction, and energy resources (including petrochemical feedstocks) wherever located; (ii) production, distribution, and consumption of energy and fuels wherever carried on; and (B) matters relating to energy and fuels, such as corporate structure and proprietary relationships, costs, prices, capital investment, and assets, and other matters directly related thereto, wherever they exist.;
“person” applies in that section
The term “person” means any natural person, corporation, partnership, association, consortium, or any entity organized for a common business purpose, wherever situated, domiciled, or doing business, who directly or through other persons subject to their control does business in any part of the United States. (3) The term “United States” when used in the geographical sense means the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (f) Availability of energy information Information obtained by the Administration under authority of this chapter shall be available to the public in accordance with the provisions of section 552 of title 5 .
“Federal Energy Administrator” applies throughout its chapter
the term “Federal Energy Administrator” means the Administrator of the Federal Energy Administration established by Federal Energy Administration Act of 1974 [ 15 U.S.C. 761 et seq.]; except that until such Administrator takes office and after such Administration ceases to exist, such term means any officer of the United States designated as Federal Energy Administrator by the President for purposes of this chapter and section 119 1 of the Clean Air Act [ 42 U.S.C. 1857c–10 ]. (b) For purposes of this chapter,
“petroleum product” applies throughout its chapter
the term “petroleum product” means crude oil, residual fuel oil, or any refined petroleum product (as defined in section 752(5) 1 of this title).
“antitrust laws” applies in that section
the term “antitrust laws” has the meaning given it in subsection (a) of section 12 of this title , except that such term includes section 45 of this title to the extent that such section 45 applies to unfair methods of competition; (B) the term “business of health insurance (including the business of dental insurance and limited-scope dental benefits)” does not include— (i) the business of life insurance (including annuities); or (ii) the business of property or casualty insurance, including but not limited to— (I) any insurance or benefits defined as “excepted benefits” under paragraph (1), subparagraph (B) or (C) of paragraph (2), or paragraph (3) of section 9832(c) of title 26 whether …
“historical loss data” applies in that section
the term “historical loss data” means information respecting claims paid, or reserves held for claims reported, by any person engaged in the business of insurance; and;
“loss development factor” applies in that section
the term “loss development factor” means an adjustment to be made to reserves held for losses incurred for claims reported by any person engaged in the business of insurance, for the purpose of bringing such reserves to an ultimate paid basis.
“State” applies throughout its chapter
the term “State” includes the several States, Alaska, Hawaii, Puerto Rico, Guam, and the District of Columbia.
“veteran” applies in that section
the term “veteran” shall mean the same as defined in section 4211(1) or (2) of title 38.
“relevant date” applies in that section
the term “relevant date” means, with respect to an application for the registration of a mark with an initial filing basis of— (1) section 1051(a) of this title and not amended at any point to be filed pursuant to section 1051(b) of this title , the date on which the application was initially filed; or (2) section 1051(b) of this title or amended at any point to be filed pursuant to section 1051(b) of this title , the date on which— (A) an amendment to allege use under section 1051(c) of this title was filed; or (B) the period for filing a statement of use under section 1051(d) of this title expired, including all approved extensions thereof.
“any person” applies in that section
the term “any person” includes the United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the United States and with the authorization and consent of the United States, and any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity.
“violating matter” applies in that section
the term “violating matter” means matter that is the subject of a violation under section 1125(a) of this title . (3) (A) Any person who engages in the conduct described in paragraph (11) of section 110 of title 17 and who complies with the requirements set forth in that paragraph is not liable on account of such conduct for a violation of any right under this chapter.
“violator” applies in that section
the term “violator” means a person who violates section 1125(a) of this title ; and;
“counterfeit mark” applies in that section
the term “counterfeit mark” means— (i) a counterfeit of a mark that is registered on the principal register in the United States Patent and Trademark Office for such goods or services sold, offered for sale, or distributed and that is in use, whether or not the person against whom relief is sought knew such mark was so registered; or (ii) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of this chapter are made available by reason of section 220506 of title 36 ; but such term does not include any mark or designation used on or in connection with goods or services of which the manufacture 1 or producer was, at the …
“any person” applies in that section
the term “any person” includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity. (3) In a civil action for trade dress infringement under this chapter for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.
“Act of February 20, 1905” applies throughout its chapter
The term “Act of March 3, 1881 ”, “Act of February 20, 1905 ”, or “Act of March 19, 1920 ”, means the respective Act as amended. A “counterfeit” is a spurious mark which is identical with, or substantially indistinguishable from, a registered mark.
“Act of March 19, 1920” applies throughout its chapter
The term “Act of March 3, 1881 ”, “Act of February 20, 1905 ”, or “Act of March 19, 1920 ”, means the respective Act as amended. A “counterfeit” is a spurious mark which is identical with, or substantially indistinguishable from, a registered mark.
“Act of March 3, 1881” applies throughout its chapter
The term “Act of March 3, 1881 ”, “Act of February 20, 1905 ”, or “Act of March 19, 1920 ”, means the respective Act as amended. A “counterfeit” is a spurious mark which is identical with, or substantially indistinguishable from, a registered mark.
“certification mark” applies in that section
The term “certification mark” means any word, name, symbol, or device, or any combination thereof— (1) used by a person other than its owner, or (2) which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register established by this chapter, to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.
“collective mark” applies in that section
The term “collective mark” means a trademark or service mark— (1) used by the members of a cooperative, an association, or other collective group or organization, or (2) which such cooperative, association, or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, and includes marks indicating membership in a union, an association, or other organization.
“colorable imitation” applies throughout its chapter
The term “colorable imitation” includes any mark which so resembles a registered mark as to be likely to cause confusion or mistake or to deceive.
“commercial name” applies in that section
The terms “trade name” and “commercial name” mean any name used by a person to identify his or her business or vocation.
“Director” applies in that section
The term “Director” means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
“domain name” applies throughout its chapter
The term “domain name” means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.
“Internet” applies throughout its chapter
The term “Internet” has the meaning given that term in section 230(f)(1) of title 47 . Words used in the singular include the plural and vice versa. The intent of this chapter is to regulate commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce; to protect registered marks used in such commerce from interference by State, or territorial legislation; to protect persons engaged in such commerce against unfair competition; to prevent fraud and deception in such commerce by the use of reproductions, copies, counterfeits, or colorable imitations of registered marks; and to provide rights and remedies stipulated by treaties and …
“juristic person” applies in that section
The term “juristic person” includes a firm, corporation, union, association, or other organization capable of suing and being sued in a court of law. The term “person” also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.
“mark” applies in that section
The term “mark” includes any trademark, service mark, collective mark, or certification mark.
“registered mark” applies throughout its chapter
The term “registered mark” means a mark registered in the United States Patent and Trademark Office under this chapter or under the Act of March 3, 1881 , or the Act of February 20, 1905 , or the Act of March 19, 1920 . The phrase “marks registered in the Patent and Trademark Office” means registered marks.
“related company” applies in that section
The term “related company” means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used.
“service mark” applies in that section
The term “service mark” means any word, name, symbol, or device, or any combination thereof— (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.
“trade name” applies in that section
The terms “trade name” and “commercial name” mean any name used by a person to identify his or her business or vocation.
“trademark” applies in that section
The term “trademark” includes any word, name, symbol, or device, or any combination thereof— (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.
“use in commerce” applies in that section
The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this chapter, a mark shall be deemed to be in use in commerce— (1) on goods when— (A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and (B) the goods are sold or transported in commerce, and (2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or …
“basic application” applies throughout its subchapter
The term “basic application” means the application for the registration of a mark that has been filed with an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark. (2) Basic registration
“basic registration” applies throughout its subchapter
The term “basic registration” means the registration of a mark that has been granted by an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark. (3) Contracting Party
“Contracting Party” applies throughout its subchapter
The term “Contracting Party” means any country or inter-governmental organization that is a party to the Madrid Protocol. (4) Date of recordal
“date of recordal” applies throughout its subchapter
The term “date of recordal” means the date on which a request for extension of protection, filed after an international registration is granted, is recorded on the International Register. (5) Declaration of bona fide intention to use the mark in commerce
“declaration of bona fide intention to use the mark in commerce” applies throughout its subchapter
The term “declaration of bona fide intention to use the mark in commerce” means a declaration that is signed by the applicant for, or holder of, an international registration who is seeking extension of protection of a mark to the United States and that contains a statement that— (A) the applicant or holder has a bona fide intention to use the mark in commerce; (B) the person making the declaration believes himself or herself, or the firm, corporation, or association in whose behalf he or she makes the declaration, to be entitled to use the mark in commerce; and (C) no other person, firm, corporation, or association, to the best of his or her knowledge and belief, has the right to use such …
“extension of protection” applies throughout its subchapter
The term “extension of protection” means the protection resulting from an international registration that extends to the United States at the request of the holder of the international registration, in accordance with the Madrid Protocol. (7) Holder of an international registration A “holder” of an international registration is the natural or juristic person in whose name the international registration is recorded on the International Register. (8) International application
“international application” applies throughout its subchapter
The term “international application” means an application for international registration that is filed under the Madrid Protocol. (9) International Bureau
“International Bureau” applies throughout its subchapter
The term “International Bureau” means the International Bureau of the World Intellectual Property Organization. (10) International Register
“International Register” applies throughout its subchapter
The term “International Register” means the official collection of data concerning international registrations maintained by the International Bureau that the Madrid Protocol or its implementing regulations require or permit to be recorded. (11) International registration
“international registration” applies throughout its subchapter
The term “international registration” means the registration of a mark granted under the Madrid Protocol. (12) International registration date
“international registration date” applies throughout its subchapter
The term “international registration date” means the date assigned to the international registration by the International Bureau. (13) Madrid Protocol
“Madrid Protocol” applies throughout its subchapter
The term “Madrid Protocol” means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid, Spain, on June 27, 1989 . (14) Notification of refusal
“notification of refusal” applies throughout its subchapter
The term “notification of refusal” means the notice sent by the United States Patent and Trademark Office to the International Bureau declaring that an extension of protection cannot be granted. (15) Office of a Contracting Party
“Office of a Contracting Party” applies throughout its subchapter
The term “Office of a Contracting Party” means— (A) the office, or governmental entity, of a Contracting Party that is responsible for the registration of marks; or (B) the common office, or governmental entity, of more than 1 Contracting Party that is responsible for the registration of marks and is so recognized by the International Bureau. (16) Office of origin
“office of origin” applies throughout its subchapter
The term “office of origin” means the Office of a Contracting Party with which a basic application was filed or by which a basic registration was granted. (17) Opposition period
“opposition period” applies throughout its subchapter
The term “opposition period” means the time allowed for filing an opposition in the United States Patent and Trademark Office, including any extension of time granted under section 1063 of this title .
“boundaries” applies throughout its chapter
The term “boundaries” has the same meaning given that term in section 1301 of title 43 .
“gambling device” applies throughout its chapter
The term “gambling device” means— (1) any so-called “slot machine” or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and (A) which when operated may deliver, as the result of the application of an element of chance, any money or property, or (B) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or (2) any other machine or mechanical device (including, but not limited to, roulette wheels and similar devices) designed and manufactured primarily for use in connection with gambling, and (A) which when operated may deliver, as the result of …
“interstate or foreign commerce” applies throughout its chapter
The term “interstate or foreign commerce” means commerce (1) between any State or possession of the United States and any place outside of such State or possession, or (2) between points in the same State or possession of the United States but through any place outside thereof.;
“intrastate commerce” applies throughout its chapter
The term “intrastate commerce” means commerce wholly within one State or possession of the United States.;
“possession of the United States” applies throughout its chapter
The term “possession of the United States” means any possession of the United States which is not named in paragraph 1 (b) of this section.;
“State” applies throughout its chapter
The term “State” includes the District of Columbia, Puerto Rico, the Virgin Islands, and Guam.;
“article of wearing apparel” applies throughout its chapter
The term “article of wearing apparel” means any costume or article of clothing worn or intended to be worn by individuals.;
“commerce” applies throughout its chapter
The term “commerce” means commerce among the several States or with foreign nations or in any territory of the United States or in the District of Columbia or between any such territory and another, or between any such territory and any State or foreign nation, or between the District of Columbia or the Commonwealth of Puerto Rico and any State or territory or foreign nation, or between the Commonwealth of Puerto Rico and any State or territory or foreign nation or the District of Columbia.;
“Commission” applies throughout its chapter
The term “Commission” means the Consumer Product Safety Commission.;
“fabric” applies throughout its chapter
The term “fabric” means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute therefor which is intended for use or which may reasonably be expected to be used, in any product as defined in subsection (h).;
“Federal Trade Commission Act” applies throughout its chapter
The term “Federal Trade Commission Act” means the Act of Congress entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes”, approved September 26, 1914 , as amended [ 15 U.S.C. 41 et seq.].
“interior furnishing” applies throughout its chapter
The term “interior furnishing” means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used, in homes, offices, or other places of assembly or accommodation.;
“person” applies throughout its chapter
The term “person” means an individual, partnership, corporation, association, or any other form of business enterprise.;
“product” applies throughout its chapter
The term “product” means any article of wearing apparel or interior furnishing.;
“related material” applies throughout its chapter
The term “related material” means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subsection (h).;
“territory” applies throughout its chapter
The term “territory” includes the insular possessions of the United States and also any territory of the United States.;
“record” applies in that section
the term “record” means the standard or regulation, any notice published with respect to the promulgation of such standard or regulation, the transcript required by subsection (d) of any oral presentation, any written submission of interested parties, and any other information which the Commission considers relevant to such standard or regulation. (4) The judgment of the court affirming or setting aside, in whole or in part, any such standard or regulation of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 .
“Consumer Price Index” applies in that section
The term “Consumer Price Index” means the Consumer Price Index for all-urban consumers published by the Department of Labor.;
“cost-of-living adjustment for the preceding five years” applies in that section
The term “cost-of-living adjustment for the preceding five years” means the percentage by which— (I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment; exceeds (II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.
“knowingly” applies in that section
the term “knowingly” means (A) having actual knowledge, or (B) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations. (5) (A) The maximum penalty amounts authorized in paragraph (1) shall be adjusted for inflation as provided in this paragraph.
“interstate commerce” applies throughout its chapter
the term “interstate commerce” includes commerce between one State, Territory, possession, the District of Columbia, or the Commonwealth of Puerto Rico and another State, Territory, possession, the District of Columbia, or the Commonwealth of Puerto Rico.
“automobile dealer” applies throughout its chapter
The term “automobile dealer” shall mean any person, partnership, corporation, association, or other form of business enterprise resident in the United States or in any Territory thereof or in the District of Columbia operating under the terms of a franchise and engaged in the sale or distribution of passenger cars, trucks, or station wagons.;
“automobile manufacturer” applies throughout its chapter
The term “automobile manufacturer” shall mean any person, partnership, corporation, association, or other form of business enterprise engaged in the manufacturing or assembling of passenger cars, trucks, or station wagons, including any person, partnership, or corporation which acts for and is under the control of such manufacturer or assembler in connection with the distribution of said automotive vehicles.;
“commerce” applies throughout its chapter
The term “commerce” shall mean commerce among the several States of the United States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or among the Territories or between any Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation.;
“franchise” applies throughout its chapter
The term “franchise” shall mean the written agreement or contract between any automobile manufacturer engaged in commerce and any automobile dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract.;
“good faith” applies throughout its chapter
The term “good faith” shall mean the duty of each party to any franchise, and all officers, employees, or agents thereof to act in a fair and equitable manner toward each other so as to guarantee the one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: Provided , That recommendation, endorsement, exposition, persuasion, urging or argument shall not be deemed to constitute a lack of good faith.
“motor vehicle” applies in that section
the term “motor vehicle” has the meaning given such term in section 30102(6) of title 49 ; 1 and;
“motor vehicle franchise contract” applies in that section
the term “motor vehicle franchise contract” means a contract under which a motor vehicle manufacturer, importer, or distributor sells motor vehicles to any other person for resale to an ultimate purchaser and authorizes such other person to repair and service the manufacturer’s motor vehicles. (2) Consent required Notwithstanding any other provision of law, whenever a motor vehicle franchise contract provides for the use of arbitration to resolve a controversy arising out of or relating to such contract, arbitration may be used to settle such controversy only if after such controversy arises all parties to such controversy consent in writing to use arbitration to settle such controversy.
“automobile” applies throughout its chapter
The term “automobile” includes any passenger car or station wagon.;
“commerce” applies throughout its chapter
The term “commerce” shall mean commerce among the several States of the United States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or among the Territories or between any Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation.
“dealer” applies throughout its chapter
The term “dealer” shall mean any person resident or located in the United States or any Territory thereof or in the District of Columbia engaged in the sale or the distribution of new automobiles to the ultimate purchaser.;
“final assembly point” applies throughout its chapter
The term “final assembly point” means— (1) in the case of a new automobile manufactured or assembled in the United States, or in any Territory of the United States, the plant, factory, or other place at which a new automobile is produced or assembled by a manufacturer and from which such automobile is delivered to a dealer in such a condition that all component parts necessary to the mechanical operation of such automobile are included with such automobile, whether or not such component parts are permanently installed in or on such automobile; and (2) in the case of a new automobile imported into the United States, the port of importation.;