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

(This measure has not been amended since it was passed by the House on September 11, 2012. The summary of that version is repeated here.)

Amends the Trademark Act of 1946 to specify that ownership of a valid federal registration of a mark is a complete bar to an action with respect to the mark that: (1) is brought by another person under the common law or a statute of a state; and (2) seeks to prevent dilution (by blurring or by tarnishment) or asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement. (Removes any such federal-registration defense with respect to dilution claims under federal law and specifies that such a defense is only available in response to dilution claims under state law.)

[112th Congress Public Law 190]
[From the U.S. Government Publishing Office]



[[Page 126 STAT. 1436]]

Public Law 112-190
112th Congress

                                 An Act


 
To amend the Trademark Act of 1946 to correct an error in the provisions 
    relating to remedies for dilution. <<NOTE: Oct. 5, 2012 -  [H.R. 
                                6215]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 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) <<NOTE: Applicability. 15 USC 1125 note.>>  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.

    Approved October 5, 2012.

LEGISLATIVE HISTORY--H.R. 6215:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-647 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 158 (2012):
            Sept. 11, considered and passed House.
            Sept. 21, considered and passed Senate.

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