Source
(July 5, 1946, ch. 540, title VI, § 34, 60 Stat. 439; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 98–473, title II, § 1503(1), Oct. 12, 1984, 98 Stat. 2179; Pub. L. 100–667, title I, § 128(c)–(e), Nov. 16, 1988, 102 Stat. 3945; Pub. L. 104–153, § 6, July 2, 1996, 110 Stat. 1388; Pub. L. 106–43, § 3(a)(1), Aug. 5, 1999, 113 Stat. 218; Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3003(a)(1), title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–548, 1501A–583; Pub. L. 107–273, div. C, title III, § 13207(b)(8)–(10), Nov. 2, 2002, 116 Stat. 1908; Pub. L. 110–403, title I, § 102(b), Oct. 13, 2008, 122 Stat. 4258.)
References in Text
The Rules of Civil Procedure, referred to in subsec. (d)(10)(B), probably means the Federal Rules of Civil Procedure, which are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Prior Provisions
Acts Feb. 20, 1905, ch. 592, §§ 19,
20,
33 Stat. 729; Mar. 3, 1911, ch. 231, § 291,
36 Stat. 1167; June 25, 1936, ch. 804,
49 Stat. 1921.
Amendments
2008—Subsec. (d)(7).
Pub. L. 110–403 amended par. (7) generally. Prior to amendment, par. (7) read as follows: “Any materials seized under this subsection shall be taken into the custody of the court. The court shall enter an appropriate protective order with respect to discovery by the applicant of any records that have been seized. The protective order shall provide for appropriate procedures to assure that confidential information contained in such records is not improperly disclosed to the applicant.”
2002—Subsec. (d)(1)(A), (B)(ii).
Pub. L. 107–273, § 13207(b)(8), (9), substituted “section
220506 of title
36” for “section 110 of the Act entitled ‘An Act to incorporate the United States Olympic Association’, approved September 21, 1950 (
36 U.S.C. 380)”.
Subsec. (d)(11).
Pub. L. 107–273, § 13207(b)(10), substituted “6621(a)(2) of title 26” for “6621 of title 26”.
1999—Subsec. (a).
Pub. L. 106–113, § 1000(a)(9) [title III, § 3003(a)(1)], substituted “(a), (c), or (d)” for “(a) or (c)” in first sentence.
Pub. L. 106–43 substituted “subsection (a) or (c) of section
1125 of this title” for “section
1125
(a) of this title” in first sentence.
Subsec. (c).
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], substituted “Director” for “Commissioner” wherever appearing.
1996—Subsec. (d)(9).
Pub. L. 104–153 inserted first sentence and struck out former first sentence which read as follows: “The court shall order that a United States marshal or other law enforcement officer is to serve a copy of the order under this subsection and then is to carry out the seizure under such order.”
1988—Subsec. (a).
Pub. L. 100–667, § 128(c), inserted “or to prevent a violation under section
1125
(a) of this title” after “Office” in first sentence.
Subsec. (c).
Pub. L. 100–667, § 128(d), substituted “proceeding involving a mark registered” for “proceeding arising” and “judgment is entered or an appeal is taken” for “decision is rendered, appeal taken or a decree issued”.
Subsec. (d)(1)(B).
Pub. L. 100–667, § 128(e), inserted “on or” after “or designation used” in concluding provisions.
1984—
Pub. L. 98–473 designated first, second, and third undesignated pars. as subsecs. (a), (b), and (c), respectively and added subsec. (d).
1975—
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Effective Date of 1999 Amendment
Amendment by section
1000
(a)(9) [title III, § 3003(a)(1)] of
Pub. L. 106–113 applicable to all domain names registered before, on, or after Nov. 29, 1999, see section
1000
(a)(9) [title III, § 3010] of
Pub. L. 106–113, set out as a note under section
1117 of this title.
Amendment by section
1000
(a)(9) [title IV, § 4732(b)(1)(B)] of
Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section
1000
(a)(9) [title IV, § 4731] of
Pub. L. 106–113, set out as a note under section
1 of Title
35, Patents.
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.
Effective Date of 1975 Amendment
Amendment by
Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of
Pub. L. 93–596, set out as a note under section
1111 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.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections
203
(1),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections
381,
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
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.