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15 U.S.C. § 1072 — Registration as constructive notice of claim of ownership
Federal law — U.S. Code and appendices · legal_authorities
Registration of a mark on the principal register provided by this chapter or under the Act of March 3, 1881, or the Act of February 20, 1905, shall be constructive notice of the registrant’s claim of ownership thereof.
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Source file: Laws/federal/codes/united-states-code/title-15/section-1072-registration-as-constructive-notice-of-claim-of-ownership--0d9aaf3300.md
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Source location: Title 15, Chapter 22, § 1072; chapter-022-trademarks.md
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Registration of a mark on the principal register provided by this chapter or under the Act of March 3, 1881, or the Act of February 20, 1905, shall be constructive notice of the registrant’s claim of ownership thereof.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for use of trademark**
(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.
(2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.
(3) The statement shall be verified by the applicant and specify that—
(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;
(B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate;
(C) the mark is in use in commerce; and
(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by othe
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the provisions of [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1072&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1304
TITLE 15—COMMERCE AND TRADE
§ 1072
section 171 of Title 28, Judiciary and Judicial Proce-
dure.
EFFECTIVE DATE OF 1975 AMENDMENTS
Amendment by Pub. L. 93–600 effective Jan. 2, 1975,
but not to affect any suit, proceeding, or appeal then
pending, see section 4 of Pub. L. 93–600, set out as a
note under section 1063 of this title.
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.
EFFECTIVE DATE OF 1958 AMENDMENT
For effective date and applicability of amendment by
Pub. L. 85–609, see section 3 of Pub. L. 85–609, set out as
a note under section 1067 of this title.
REPEAL AND EFFECT ON EXISTING RIGHTS
Repeal of inconsistent provisions, effect of this chap-
ter on pending proceedings and existing registrations
and rights under prior acts, see notes set out under sec-
tion 1051 of this title.
REORGANIZATION PLAN NO. 5 OF 1950
Amendment by Pub. L. 85–609 as subject to Reorga-
nization Plan No. 5 of 1950, see note set out under sec-
tion 1067 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 Appen-
dix to Title 5, Government Organization and Employ-
ees.
§ 1072. Registration as constructive notice of
claim of ownership
Registration of a mark on the principal reg-
ister provided by this chapter or under the Act
of March 3, 1881, or the Act of February 20, 1905,
shall be constructive notice of the registrant’s
claim of ownership thereof.
(July 5, 1946, ch. 540, title I, § 22, 60 S
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