[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6215 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6215
To amend the Trademark Act of 1946 to correct an error in the
provisions relating to remedies for dilution.
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IN THE HOUSE OF REPRESENTATIVES
July 26, 2012
Mr. Smith of Texas introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
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 6, 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.
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