96 STAT. 1316 PUBLIC LAW 97-296—OCT. 12, 1982
Public Law 97-296
97th Congress
An Act
To amend the Lanham Trademark Act to prohibit any State from requiring that a
registered trademark be altered for use within such State, and to encourage private
[H.R. 5154] enterprise with special emphasis on the preservation of small business. Oct. 12, 1982
Lanham
Trademark Act,
amendment.
15 use 1121a. Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of
July 5, 1946 (60 Stat. 427; 15 U.S.C. 1051-1127; commonly known as
the Lanham Trademark Act), is amended by adding after section 39
the following new section 39a:
"SEC. 39a. No State or other jurisdiction of the United States or
any political subdivision or any agency thereof may require alter
ation of a registered mark, or require that additional trademarks,
servicemarks, trade names, or corporate names that may be associ
ated with or incorporated into the registered mark be displayed in
the mark in a manner differing from the display of such additional
trademarks, servicemarks, trade names, or corporate names contem
plated by the registered mark as exhibited in the certificate of
registration issued by the United States Patent and Trademark
Office.".
Approved October 12, 1982.
LEGISLATIVE HISTORY—H.R. 5154:
HOUSE REPORT No. 97-778 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 128 (1982):
Sept. 20, considered and passed House.
Sept. 29, considered and passed Senate.
Brief
The document is Public Law 97-296, which amends the Lanham Trademark Act to prohibit any State from requiring a registered trademark to be altered for use within that State. The amendment also encourages private enterprise and specifically aims to preserve small businesses. This change adds section 39a to the act, ensuring consistency in the display of trademarks across different jurisdictions.
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Purpose
The primary purpose of Public Law 97-296 is to amend the Lanham Trademark Act to prohibit any State from requiring that a registered trademark be altered for use within such State. This legislation aims to protect the integrity and consistency of registered trademarks across different jurisdictions, ensuring that businesses can maintain their brand identity without undue interference.
Key Provisions
The key provisions of this law include:
- The addition of Section 39a to the Lanham Trademark Act, which prohibits any State or jurisdiction from requiring alteration of a registered mark.
- The prohibition on requiring additional trademarks, servicemarks, trade names, or corporate names associated with the registered mark to be displayed in a manner differing from that contemplated by the registered mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office.
Industry Impact
The amendment has significant implications for businesses operating across state lines. By protecting registered trademarks from alteration requirements, this law ensures that companies can maintain their brand identity and consistency, even when doing business in different jurisdictions. This is particularly important for small businesses, which often rely on strong branding to establish their reputation and compete with larger corporations.
Updates/Amendments
Public Law 97-296 was enacted on October 12, 1982, and amended the Lanham Trademark Act to include Section 39a. The legislative history of this law includes a House Report No. 97-778 from the Committee on the Judiciary and consideration by both the House and Senate before its passage.
