[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6215 Reported in House (RH)]

                                                 Union Calendar No. 465
112th CONGRESS
  2d Session
                                H. R. 6215

                          [Report No. 112-647]

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


_______________________________________________________________________


                    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

                           September 10, 2012

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 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.
                                                 Union Calendar No. 465

112th CONGRESS

  2d Session

                               H. R. 6215

                          [Report No. 112-647]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 10, 2012

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed