- 1870 – First federal trademark statute enacted: struck down in violation of the Constitution (copyright and patent clause)
- Trademark Act of 1881 – protection for trademarks used in commerce with other nations and Indian tribes.
- 1905 Act – protection for marks used in interstate commerce; registration limited to fanciful and arbitrary marks in use for 10 years prior to Feb. 20, 1905.
- 1946 Lanham Act – established procedure for federal registration of trademarks
- Defines “trademark” as a designation used to “identify and distinguish” the goods of a person.
- registered trademarks receive greater protection than unregistered marks.
- Older (“senior”) unregistered mark can have priority over registered mark if the older mark actually and continuously have been used in commerce; to give “notice” to consumers (i.e., that the consumers identify the older mark as a source of particular goods)
- 1988 Trademark Law Revision Act – allowed applicants to apply to register a mark based on an “intent-to-use.”
- 1995 Federal Trademark Dilution Act
- 1996 Anti-counterfeiting Consumer Protection Act
- 1999 Anti-cybersquatting Consumer Protection Act
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Law in Style. 