PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3935

Public Law 100-667
100th Congress

An Act

To amend the Act entitled "An Act to provide for the registration and protection of
trade-marks used in commerce, to carry out the provisions of certain international
conventions, and for other purposes".

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

TITLE I—TRADEMARK LAW

SEC. 101. SHORT TITLE.

This title may be cited as the "Trademark Law Revision Act of
1988".

SEC. 102. REFERENCE TO THE TRADEMARK ACT OF 1946.

Except as otherwise expressly provided, whenever in this title an
amendment is expressed in terms of an amendment to a section or
other provision, the reference shall be considered to be made to a
section or other provision 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 (15 U.S.C. 1051 and
following) (commonly referred to as the "Trademark Act of 1946").

SEC. 103. APPLICATION TO REGISTER TRADEMARKS.

Section 1 (15 U.S.C. 1051) is amended—

(1) in the matter before subsection (a), by striking out "may
register his" and inserting in lieu thereof "may apply to register
his or her";

(2) by redesignating paragraphs (1), (2), and (3) of subsection
(a) as subparagraphs (A), (B), and (C), respectively;

(3) by redesignating subsections (a), (b), and (c) as paragraphs
(1), (2), and (3), respectively;

(4) by inserting "(a)" after "SECTION 1.";

(5) in subsection (aXIXA), as redesignated by this section—

(A) by striking out "applied to" and inserting in lieu
thereof "used on or in connection with"; and

(B) by striking out "goods in connection" and inserting in
lieu thereof "goods on or in connection";

(6) in subsection (aXIXC), as redesignated by this section, by
striking out "actually";

(7) in subsection (aX2), as redesignated by this section, by
striking out "filing" and inserting in lieu thereof "prescribed*;

(8) by redesignating subsection (d) as subsection (e); and

(9) by inserting before subsection (e), as redesignated by para-
graph (8) of this section, the following:

"(b) A person who has a bona fide intention, under circumstances
showing the good faith of such person, to use a trademark in

Nov. 16, 1988
[S. 1883]

Trademark Law

Revision Act of

1988.

15 USC 1051

note.