Title 15 — Commerce and TradeRelease 119-73
§1111 Notice of registration; display with mark; recovery of profits and damages in infringement suit
Title 15 › Chapter CHAPTER 22— - TRADEMARKS › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 1111
Summary
A trademark owner may show a mark is registered by putting "Registered in U.S. Patent and Trademark Office," "Reg. U.S. Pat. & Tm. Off.," or the ® symbol next to it, even if section 1072 says otherwise. If the owner does not give that notice, they cannot get profits or damages in an infringement lawsuit unless the defendant actually knew about the registration.
Full Legal Text
Title 15, §1111
Commerce and Trade — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Acts Feb. 20, 1905, ch. 592, § 28, 33 Stat. 730; Mar. 19, 1920, ch. 104, §§ 5, 6, 41 Stat. 534, 535.
Amendments
1988—Pub. L. 100–667 struck out “as used” after “with the mark”. 1975—Pub. L. 93–596 substituted “Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent and Trademark Office’ or ‘Reg. U.S. Pat. & Tm. Off.’ ” for “Patent Office, may give notice that his mark is registered by displaying with the mark as used the words ‘Registered in U.S. Patent Office’ or ‘Reg. U.S. Pat. Off.’ ”. 1962—Pub. L. 87–772 substituted “in the Patent Office, may” for “under the Act of
March 3, 1881, or the Act of
February 20, 1905, or on the principal register established by this chapter, shall”, and “to give such notice of registration,” for “so to mark goods bearing the registered mark, or by a registrant under the Act of
March 19, 1920, or by the registrant of a mark on the supplemental register provided by this chapter”.
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.
Effective Date
of 1975 Amendment Pub. L. 93–596, § 4, Jan. 2, 1975, 88 Stat. 1949, provided that: “This Act [amending this section, section 1051, 1052, 1057, 1058, 1060, 1062, 1063, 1065, 1067, 1069, 1071, 1092, 1112, 1113, 1116 to 1120, 1123, and 1127 of this title, and sections 2 to 4, 6 to 8, 10, 11, 21 to 26, 31 to 33, 41, 104, 119, 121, 122, 135, 142 to 144, 146, 152, 153, 253 to 255, 261, 288, and 293 of Title 35, Patents, and enacting provisions set out as a note under section 1 of title 35] shall become effective upon enactment [Jan. 2, 1975]. However, any registrant may continue to give notice of his registration in accordance with section 29 of the Trademark Act of 1946 (60 Stat. 427), as amended Oct. 9, 1962 (76 Stat. 769) [this section], as an alternative to notice in accordance with section 29 of the Trademark Act as amended by section 2 of this Act, regardless of whether his mark was registered before or after the
Effective Date
of this Act.” 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.
Reference
Citations & Metadata
Citation
15 U.S.C. § 1111
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73