S 2968 · 111th Congress 2009–2011, ended

Trademark Technical and Conforming Amendment Act of 2010

Latest action · Mar 17, 2010 Became Public Law No: 111-146.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 28, 2010
  2. Passed SenateJan 28, 2010
  3. Passed HouseMar 3, 2010
  4. To the PresidentMar 5, 2010
  5. Became lawMar 17, 2010Public Law 111-146

Summary

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Trademark Technical and Conforming Amendment Act of 2010 - Amends the Act commonly known as the Lanham Act to replace references to "registrant" with references to "owner" in provisions: (1) making a certificate of registration prima facie evidence of the validity, registration, ownership, and exclusive rights to use a mark; and (2) relating to a registrant's surrender, cancellation, or amendment of registration. Requires, in the event of a surrender, cancellation, or amendment, that an appropriate entry be made on the records of the United States Patent and Trademark Office (USPTO) and on the certificate of registration. (Current law allows, when the certificate is lost or destroyed, such an entry to be made on a certified copy of the certificate.)

Requires, when the USPTO makes a material mistake in a registration, that a certificate stating the fact and nature of the mistake be attached to each printed copy of the registration. (Current law requires that the certificate stating the mistake be attached to each printed copy of the registration certificate.)

Replaces references to "registrant" with references to "owner" in provisions relating to the incontestability of the right to use a mark under certain conditions.

Allows the holder of an international registration to appeal to the U.S. Court of Appeals for the Federal Circuit if the holder is dissatisfied with the decision of the Director or Trademark Trial and Appeal Board.

Modifies requirements regarding the duration of registrations and related affidavits and fees.

Requires a study and report to Congress on: (1) the extent to which small businesses may be harmed by litigation tactics by corporations attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; and (2) the best use of federal government services to protect trademarks and prevent counterfeiting.

Cosponsors 1

Members who signed on, in the order they did. All signed on Jan 28, 2010.

SeatCosponsorSigned on
R-ALJeff SessionsOriginalJan 28, 2010

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jan 29, 2010

Actions 14

Everything that happened, newest first.

  1. Mar 17, 2010Signed by President.
  2. Mar 17, 2010Became Public Law No: 111-146.
  3. Mar 5, 2010Presented to President.
  4. Mar 3, 2010Mr. Johnson (GA) moved to suspend the rules and pass the bill.
  5. Mar 3, 2010Considered under suspension of the rules. (consideration: CR H1079-1081)

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H1079–H1081Text printed H1079Henry C. "Hank" Johnson, Jr. D-GA, Howard Coble R-NCMar 3, 2010
SenateDebate and remarks S613Patrick J. Leahy D-VTFeb 22, 2010
SenateDebate and remarks S349Text printed S350Harry Reid D-NV, Patrick J. Leahy D-VTJan 28, 2010

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

CRS reports 3

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 3

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R40879Resolutions of Inquiry: An Analysis of Their Use in the House, 1947-2017 ArchivedReportNov 9, 2017
RL34117Railroad Access and Competition Issues ArchivedReportApr 4, 2011
R41507Energy’s Water Demand: Trends, Vulnerabilities, and Management ArchivedReportJan 5, 2011

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 4515Trademark Technical and Conforming Amendment Act of 2010Identical billJan 26, 2010

Titles 5

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to make certain technical and conforming amendments to the Lanham Act.
Short Titles as Introduced
Trademark Technical and Conforming Amendment Act of 2010
Short Titles as Passed House
Trademark Technical and Conforming Amendment Act of 2010
Short Titles as Passed Senate
Trademark Technical and Conforming Amendment Act of 2010
Short Titles as Enacted
Trademark Technical and Conforming Amendment Act of 2010

Subjects

Assigned by the Library of Congress. Policy area: Commerce.

Text 4

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Jan 29, 2010Referred in House
  3. Jan 28, 2010Engrossed in Senate
  4. Jan 28, 2010Considered and Passed Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.