15 U.S.C. § 1128 — Repealed. Pub. L. 110–403, title III,

Page 1331 TITLE 15—COMMERCE AND TRADE § 1141 substituted ‘‘identify and distinguish his goods, includ- ing a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown’’ for ‘‘identify his goods and distinguish them from those manufactured or sold by others’’. Pub. L. 98–620, § 103(2), in definition of ‘‘service mark’’ substituted ‘‘The term ‘service mark’ means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indi- cate the source of the services, even if that source is unknown’’ for ‘‘The term ‘service mark’ means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others’’. Pub. L. 98–620, § 103(3), in subpar. (b) of par. relating to when a mark shall be deemed to be ‘‘abandoned’’, in- serted ‘‘Purchaser motivation shall not be a test for de- termining abandonment under this subparagraph.’’ 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’ in two places and ‘‘Commissioner of Patents and Trademarks’’ for ‘‘Com- missioner of Patents’’ in definition of ‘‘Commissioner’’. 1962—Pub. L. 87–772 substituted, ‘‘predecessors,’’ for ‘‘and’’ in definition of ‘‘applicant’’ and ‘‘registrant’’, ‘‘Titles, character names and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the pro- grams, may advertise the goods of the sponsor’’ for ‘‘and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising used in commerce’’, in definition of ‘‘service mark’’, in- serted ‘‘or the services are rendered in more than one State or in this and a foreign country and the person rendering the services is engaged in commerce in con- nection therewith’’ in fifteenth paragraph relating to use in commerce, struck out ‘‘purchasers’’ after ‘‘de- ceive’’ in definition of ‘‘colorable imitation’’, and sub- stituted ‘‘commerce’’ for ‘‘commence’’ in last par. re- lating to the intent of the chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title III, § 3005] of Pub. L. 106–113 applicable to all domain names reg- istered before, on, or after Nov. 29, 1999, see section 1000(a)(9) [title III, § 3010] of Pub. L. 106–113, set out as a note under section 1117 of this title. Amendment by section 1000(a)(9) [title IV, § 4732(b)(1)(A)] of Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective one year after the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], see section 523 of Pub. L. 103–465, set out as a note under section 1052 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–542 effective with respect to violations that occur on or after Oct. 27, 1992, see section 4 of Pub. L. 102–542, set out as a note under sec- tion 1114 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment 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 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. 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. 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. § 1128. Repealed. Pub. L. 110–403, title III, § 305(a)(1), Oct. 13, 2008, 122 Stat. 4270 Section, Pub. L. 106–58, title VI, § 653, Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4741(b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–586; Pub. L. 108–447, div. B, title II, § 210, Dec. 8, 2004, 118 Stat. 2884, established the National Intellectual Property Law Enforcement Coordination Council. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 110–403, title III, § 305(a)(1), Oct. 13, 2008, 122 Stat. 4270, provided that the repeal of this section is ef- fective upon confirmation of the Intellectual Property Enforcement Coordinator by the Senate and publica- tion of such appointment in the Congressional Record. The Senate confirmed the first Intellectual Property Enforcement Coordinator on Dec. 3, 2009, as reflected in that day’s Congressional Record. See 155 Cong. Rec. 29389 (2009). § 1129. Transferred Editorial Notes CODIFICATION Section, Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3002(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–548, which related to cyberpiracy protections for individuals, was transferred to section 8131 of this title. SUBCHAPTER IV—THE MADRID PROTOCOL § 1141. Definitions In this subchapter: (1) Basic application The term ‘‘basic application’’ means the ap- plication for the registration of a mark that has been filed with an Office of a Contracting Party and that constitutes the basis for an ap- plication for the international registration of that mark. (2) Basic registration The term ‘‘basic registration’’ means the registration of a mark that has been granted by an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark. (3) Contracting Party The term ‘‘Contracting Party’’ means any country or inter-governmental organization that is a party to the Madrid Protocol. (4) Date of recordal The term ‘‘date of recordal’’ means the date on which a request for extension of protection,