§1055 — Title 15 Commerce and Trade | U.S. Code

Summary

Allows a trademark owner to treat lawful use of the mark by related companies as the owner's use and it won't cancel the registration so long as the mark is not used to deceive the public. If the owner controls an affiliate's first use about the goods or services, that first use also counts for the owner.

Title 15, §1055

Commerce and Trade — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–667 inserted at end “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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment 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. Repeal and Effect on Existing RightsRepeal 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.

§1055 Use by related companies affecting validity and registration