United States Trade Mark Statutes And Rules Of Practice In Trade Mark Cases In The United States Patent Office

Author : U. S. Patent & Trademark Office
Publisher :
ISBN 13 : 9781463533403
Total Pages : 262 pages
Book Rating : 4.5/5 (334 download)

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Download or read book U. S. Trademark Law written by U. S. Patent & Trademark Office and published by . This book was released on 2010-06-24 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademarks were traditionally protected in the United States only under State common law, growing out of the tort of unfair competition. As early as 1791, Thomas Jefferson proposed that the marks of sailcloth makers could be protected under the Commerce Clause,[1] but it was not until 1870 that Congress first attempted to establish a federal regime for the protection of trademarks. This statute, purported to be an exercise of the Copyright Clause powers, was struck down in the Trade-Mark Cases, leading Congress to finally create a successful act under its Commerce Clause power in 1881.A major revision was enacted in 1905, and in 1946, Congress passed the Lanham Act (15 U.S.C. §§ 1051-1127), which currently defines federal protection and registration for trademarks, and grants administrative authority to the United States Patent and Trademark Office ("USPTO"). State law continues to add its own protection, complementing the federal system.