15 U.S.C. § 1127

Construction and definitions; intent of chapter

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In the construction of this chapter, unless the contrary is plainly apparent from the context—

The United States includes and embraces all territory which is under its jurisdiction and control.

The word “commerce” means all commerce which may lawfully be regulated by Congress.

The term “principal register” refers to the register provided for by sections 1051 to 1072 of this title, and the term “supplemental register” refers to the register provided for by sections 1091 to 1096 of this title.

The term “person” and any other word or term used to designate the applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this chapter includes a juristic person as well as a natural person. The term “juristic person” includes a firm, corporation, union, association, or other organization capable of suing and being sued in a court of law.

The term “person” also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.

The term “person” also includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.

The terms “applicant” and “registrant” embrace the legal representatives, predecessors, successors and assigns of such applicant or registrant.

The term “Director” means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

The term “related company” means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used.

The terms “trade name” and “commercial name” mean any name used by a person to identify his or her business or vocation.

The term “trademark” includes any word, name, symbol, or device, or any combination thereof—

(1) used by a person, or

(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

The term “service mark” means any word, name, symbol, or device, or any combination thereof—

(1) used by a person, or

(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.

The term “certification mark” means any word, name, symbol, or device, or any combination thereof—

(1) used by a person other than its owner, or

(2) which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register established by this chapter,

to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

The term “collective mark” means a trademark or service mark—

(1) used by the members of a cooperative, an association, or other collective group or organization, or

(2) which such cooperative, association, or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

and includes marks indicating membership in a union, an association, or other organization.

The term “mark” includes any trademark, service mark, collective mark, or certification mark.

The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this chapter, a mark shall be deemed to be in use in commerce—

(1) on goods when—

(A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and

(B) the goods are sold or transported in commerce, and

(2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.

A mark shall be deemed to be “abandoned” if either of the following occurs:

(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. “Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.

(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.

The term “colorable imitation” includes any mark which so resembles a registered mark as to be likely to cause confusion or mistake or to deceive.

The term “registered mark” means a mark registered in the United States Patent and Trademark Office under this chapter or under the Act of March 3, 1881, or the Act of February 20, 1905, or the Act of March 19, 1920. The phrase “marks registered in the Patent and Trademark Office” means registered marks.

The term “Act of March 3, 1881”, “Act of February 20, 1905”, or “Act of March 19, 1920”, means the respective Act as amended.

A “counterfeit” is a spurious mark which is identical with, or substantially indistinguishable from, a registered mark.

The term “domain name” means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.

The term “Internet” has the meaning given that term in section 230(f)(1) of title 47.

Words used in the singular include the plural and vice versa.

The intent of this chapter is to regulate commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce; to protect registered marks used in such commerce from interference by State, or territorial legislation; to protect persons engaged in such commerce against unfair competition; to prevent fraud and deception in such commerce by the use of reproductions, copies, counterfeits, or colorable imitations of registered marks; and to provide rights and remedies stipulated by treaties and conventions respecting trademarks, trade names, and unfair competition entered into between the United States and foreign nations.

Notes of Decisions

Cited in 2,196 cases (419 in the last 5 years), 1949–2026 · leading case: Grocery Outlet Inc. v. Albertson's Inc.

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Grocery Outlet Inc. v. Albertson's Inc. (2007) ca9 · cites it 18× “See 15 U.S.C. § 1127 . To show abandonment by nonuse, the party claiming abandonment must prove both the trademark owner's (1) "discontinuance of trademark use" and (2) "intent not to resume such use.”

Rescuecom Corp. v. Google Inc. (2009) ca2 · cites it 11× “2005) (“1-800”), because, according to the district court’s understanding of that opinion, Rescuecom failed to allege that Google’s use of its mark was a “use in commerce” within the meaning of § 45 of the Lanham Act, 15 U.S.C. § 1127 . We believe this misunderstood the holding…”

Belmora LLC v. Bayer Consumer Care AG (2016) ca4 · cites it 7× “§ 45, 15 U.S.C. § 1127 . 5 The Supreme ■ Court observed that “[m]ost of the enumerated purposes are relevant to a false-association case,” while “a typical false-advertising case will implicate only the Act’s goal of ‘protecting persons engaged in commerce within the control of…”

Social Technologies LLC v. Apple Inc. (2021) ca9 · cites it 10× “2001) (citing 15 U.S.C. § 1127 ). At issue is whether Social Tech used the MEMOJI mark in commerce such that its registration is valid, and the mark is entitled to protection under the Lanham Act.”

Rearden LLC v. Rearden Commerce, Inc. (2012) ca9 · cites it 7× “at *4 (quoting 15 U.S.C. § 1127 ). Likewise, it indicated that Rear-den Studios’s July 2006 agreement to provide editing services to Electronic Arts could represent an example of rendering services in commerce.”

Rockland Exposition, Inc. v. Alliance of Automotive Service Providers (2012) nysd · cites it 10× “) In particular, REI argues that its use of “Northeast” qualifies as a “service mark” under 15 U.S.C. § 1127 , and that AASP’s continued use of “Northeast” in connection with its automotive trade shows infringes on REI’s rights in violation of § 1125(a).”

Lodestar Anstalt v. Bacardi & Company Ltd. (2022) ca9 · cites it 7× “” 15 U.S.C. § 1127 . What protection flows from a grant of registration under the Madrid Protocol is one of the disputed issues in this case and is addressed further below.”

Marketquest Grp., Inc. v. BIC Corp. (2018) casd · cites it 10× “The Lanham Act defines a trademark as "any word, name, symbol, or device, or any combination thereof" used by any person "to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods,…”

Sensient Technologies Corp. v. SensoryEffects Flavor Co. (2010) ca8 · cites it 8× “On appeal, Sensient Flavors contends the district court erred in concluding the SensoryFlavors mark was not "used in commerce" as defined by the Lanham Act, 15 U.S.C. § 1127 . Sensient Flavors also asserts the district court erroneously held the SensoryEffects Flavor Company…”

Aycock Engineering, Inc. v. Airflite, Inc. (2009) cafc · cites it 10× “" 15 U.S.C. § 1127 (2006). The definition of "service mark" is virtually identical to the definition of "trademark.”

Cumulus Media, Inc. v. Clear Channel Communications, Inc. (2002) ca11 · cites it 6× “Thus, a defendant who successfully shows that a trademark plaintiff has abandoned a mark is free to use the mark without liability to the plaintiff.”

Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc. (2013) ca9 · cites it 4× “Marshak has not established either of the two requirements of abandonment under 15 U.S.C. § 1127 : (1) discontinuance of trademark use, and (2) intent not to resume use.”

Show all 2,196 citing cases →

— 15 U.S.C. § 1127(a) — 1 case

Saratoga Vichy Spring Co., Inc. v. Lehman (1979) nynd

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