[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6215 Enrolled Bill (ENR)]
H.R.6215
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To amend the Trademark Act of 1946 to correct an error in the provisions
relating to remedies for dilution.
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) 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.