Page:United States Statutes at Large Volume 113 Part 1.djvu/242

 113 STAT. 218 PUBLIC LAW 106-43—AUG. 5, 1999 Public Law 106-43 105th Congress An Act Aug. 5, 1999 To amend the Trademark Act of 1946 relating to dilution of famous marks, and [S. 1259] for other. purposes. Be it enacted by the Senate and House of Representatives of Trademark the United States of America in Congress assembled, Amendments Act of 1999. SECTION 1. SHORT TITLE. 15 USC 1051 note. This Act may be cited as the "Trademark Amendments Act of 1999". SEC. 2. DILUTION AS A GROUNDS FOR OPPOSITION AND CANCELLA- TION. (a) REGISTRABLE MARKS. —Section 2 of the Act entitled "An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes" (in this Act referred to as the "Trademark Act of 1946") (15 U.S.C. 1052) is amended by adding at the end the following flush sentences: "A mark which when used would cause dilution under section 43(c) may be refused registration only pursuant to a proceeding brought under section 13. A registration for a mark which when used would cause dilution under section 43(c) may be canceled pursuant to a proceeding brought under either section 14 or section 24.". (b) OPPOSITION.— Section 13(a) of the Trademark Act of 1946 (15 U.S.C. 1063(a)) is amended in the first sentence by inserting ", including as a result of dilution under section 43(c)," after "principal register". (c) PETITIONS TO CANCEL REGISTRATIONS.— Section 14 of the Trademark Act of 1946 (15 U.S.C. 1064) is amended in the matter preceding paragraph (1) by inserting ", including as a result of dilution under section 43(c)," after "damaged". (d) CANCELLATION.— Section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended in the second sentence by inserting ", including as a result of dilution under section 43(c)," after "register". 15 USC 1052 (e) EFFECTIVE DATE AND APPLICATION. — The amendments made note. by this section shall take effect on the date of enactment of this Act and shall apply only to any application for registration filed on or after January 16, 1996. SEC. 3. REMEDIES IN CASES OF DILUTION OF FAMOUS MARKS. (a) INJUNCTIONS. — (1) Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended in the first sentence by striking "section 43(a)" and inserting "subsection (a) or (c) of section 43".

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