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Title 15, Commerce and TradeRelease 119-102

§1053 Service Marks Registrable

Title 15 › CHAPTER 22 — TRADEMARKS › SUBCHAPTER I — THE PRINCIPAL REGISTER › § 1053

Last updated Aug 21, 2026|Official source

Summary

You can register a service mark the same way you register a trademark, and it gets the same legal protection. The paperwork and steps for registering a service mark must follow the trademark rules as closely as possible when those rules apply.

Full Legal Text

Title 15, §1053

Commerce and Trade, Source: USLM XML via OLRC

Subject to the provisions relating to the registration of trademarks, so far as they are applicable, service marks shall be registrable, in the same manner and with the same effect as are trademarks, and when registered they shall be entitled to the protection provided in this chapter in the case of trademarks. Applications and procedure under this section shall conform as nearly as practicable to those prescribed for the registration of trademarks.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1999—Pub. L. 106–43 substituted “trademarks” for “trade-marks” wherever appearing. 1988—Pub. L. 100–667 struck out “used in commerce” after “applicable, service marks” and “, except when used so as to represent falsely that the owner thereof makes or sells the goods on which such mark is used. The Commissioner may establish a separate register for such service marks” after “case of trade-marks”.

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.

Executive Documents

Transfer of Functions

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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1053

Title 15, Commerce and Trade

Last Updated

Aug 21, 2026

Release point: 119-102