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15 U.S.C. § 2106 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2106 — Definitions

For purposes of this chapter: (1) The term “original political item” means any political button, poster, literature, sticker, or any advertisement produced for use in any political cause. (2) The term “imitation political item” means an item which purports to be, but in fact is not, an original political item, or which is a reproduction, copy, or counterfeit of an original political item. (3) The term “original numismatic item” means anything which has been a part of a coinage or issue which has been used in exchange or has been used to commemorate a person or event. Such term includes coins, tokens, paper money, and commemorative medals. (4) The term “imitation numismatic item” means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item. (5) The term “commerce” has the same meaning as such term has under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. (6) The term “Commission” means the Federal Trade Commission. (7) The term “United States” means the States, the District of Columbia, and the Commonwealth of Puerto Rico. (8) The term “collectibles certification service” means a person recognized by collectors for providing independent certification that collectible items are genuine. (9) The term “Trademark Act of 1946” means 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 ([15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition

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Source file: Laws/federal/codes/united-states-code/title-15/section-2106-definitions--780364e259.md
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Source location: Title 15, Chapter 48, § 2106; chapter-048-hobby-protection.md

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For purposes of this chapter: (1) The term “original political item” means any political button, poster, literature, sticker, or any advertisement produced for use in any political cause. (2) The term “imitation political item” means an item which purports to be, but in fact is not, an original political item, or which is a reproduction, copy, or counterfeit of an original political item. (3) The term “original numismatic item” means anything which has been a part of a coinage or issue which has been used in exchange or has been used to commemorate a person or event. Such term includes coins, tokens, paper money, and commemorative medals. (4) The term “imitation numismatic item” means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item. (5) The term “commerce” has the same meaning as such term has under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. (6) The term “Commission” means the Federal Trade Commission. (7) The term “United States” means the States, the District of Columbia, and the Commonwealth of Puerto Rico. (8) The term “collectibles certification service” means a person recognized by collectors for providing independent certification that collectible items are genuine. (9) The term “Trademark Act of 1946” means 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 ([15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) et seq.).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 58 — Short title

This subchapter may be cited as the “Federal Trade Commission Act”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2101 — Marking requirements

**(a) Political items** The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce of any imitation political item which is not plainly and permanently marked with the calendar year in which such item was manufactured, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. **(b) Coins and other numismatic items** The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce, or the sale in commerce of any imitation numismatic item which is not plainly and permanently marked “copy”, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. **(c) Rules and regulations** The Federal Trade Commission shall prescribe rules for determining the manner and form in which items described in subsection (a) or (b) shall be permanently marked. **(d) Provision of assistance or support** It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b). **(e) Exemption** Subsections (a) 11 So in original. Probably should be followed by a comma. (b), and (d), and regulations under subsection (c), shall not apply to any common carrier or contract carrier or fr

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

**(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

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

Page 1275 TITLE 15—COMMERCE AND TRADE § 1051 1 So in original. The word ‘‘shall’’ probably should not appear. ‘‘An Act to authorize the registration of trade-marks and protect the same,’’ and also act Aug. 5, 1882, ch. 393, 22 Stat. 298, entitled ‘‘An Act relating to the registra- tion of trade marks’’. Former section 109 of this title repealed all inconsistent acts and parts of acts, except so far as they might apply to certificates of registra- tion issued under the Trade-Mark Act of Mar. 3, 1881, ch. 138, and act Aug. 5, 1882, ch. 393. Statutory Notes and Related Subsidiaries EFFECTIVE DATE This chapter, act July 5, 1946, ch. 540, 60 Stat. 427, be- came effective one year from July 5, 1946, and repealed chapter 3 of this title as of that date. See notes under section 1051 of this title. SUBCHAPTER I—THE PRINCIPAL REGISTER § 1051. Application for registration; verification (a) Application for use of trademark (1) The owner of a trademark used in com- merce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Pat- ent and Trademark Office an application and a verified statement, in such form as may be pre- scribed 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 ap- plicant and specify that— (A) the person making the verification be- lieves that he or she, or the juristic per

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2106 — Definitions

Page 1778 TITLE 15—COMMERCE AND TRADE § 2106 (Pub. L. 93–167, § 6, Nov. 29, 1973, 87 Stat. 687.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to imitation political items and imitation numismatic items manufactured after Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as a note under section 2101 of this title. § 2106. Definitions For purposes of this chapter: (1) The term ‘‘original political item’’ means any political button, poster, literature, stick- er, or any advertisement produced for use in any political cause. (2) The term ‘‘imitation political item’’ means an item which purports to be, but in fact is not, an original political item, or which is a reproduction, copy, or counterfeit of an original political item. (3) The term ‘‘original numismatic item’’ means anything which has been a part of a coinage or issue which has been used in ex- change or has been used to commemorate a person or event. Such term includes coins, to- kens, paper money, and commemorative med- als. (4) The term ‘‘imitation numismatic item’’ means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item. (5) The term ‘‘commerce’’ has the same meaning as such term has under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (6) The term ‘‘Commission’’ means the Fed- eral Trade Commission. (7) The term ‘‘United States’’ means the States, the District of Columbia, and the Com- monwealth of Puerto Rico. (8) The term ‘‘collectibles certification serv- ice’’ means a person recognized by collectors for providing independent certification that collectible items are genuine. (9) The term ‘‘Trademark Act of 1946’’ means

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

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