H.R. 6215 (112th): To amend the Trademark Act of 1946 to correct an error in the provisions relating to remedies ...

...for dilution.

112th Congress, 2011–2013. Text as of Sep 25, 2012 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

I

One Hundred Twelfth Congress of the United States of America

At the Second Session

H. R. 6215

AN ACT

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

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 (commonly 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

(ii)

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

.

(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.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.