Act to Amend the Trademark Act of 1946 to Correct an Error in the Provisions Relating to Remedies for Dilution (2012)

Public Law 112-190 112th Congress

An Act

To amend the Trademark Act of 1946 to correct an error in the provisions relating to remedies for dilution.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. REMEDIES FOR DILUTION.

(a) IN GENERAL.—Section 43(c)(6) of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (com¬monly referred to as the “Trademark Act of 1946”; 15 U.S.C. 1125(c)(6)), is amended by striking subparagraphs (A) and (B) and inserting the following:

“(A) is brought by another person under the common law or a statute of a State; and

“(B)(i) seeks to prevent dilution by blurring or dilution by tarnishment; or

Oct. 5, 2012 [H.R. 6215]

“(ii) asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement.”.

Applicability. 15 USC 1125 note.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to any action commenced on or after the date of the enactment of this Act.

Approved October 5, 2012.

LEGISLATIVE HISTORY—H.R. 6215:

HOUSE REPORTS: No. 112-647 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 158 (2012): Sept. 11, considered and passed House. Sept. 21, considered and passed Senate.

 

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