The Lanham Act is a federal statute that governs trademark law in the United States, consisting of four subchapters. It addresses the Principal and Supplemental Registers, remedies for trademark infringement, and the international Madrid Protocol. State and federal common law also affect trademark registration and protection.
Also called the Trademark Act, the Lanham Act is a federal statute adopted in the United States that governs trade mark law. It was first enacted in 1946 and can be found in Title 15, Chapter 22 of the United States Code. Consisting of four general subchapters, the Lanham Act has been amended several times by the United States Congress. The law is not the only trademark law in the United States. Many states have enacted their own trademark laws, and state and federal common law also govern the registration, treatment, and protection of trademarks.
Subchapter I of the Lanham Act addresses the Principal Register, which is the federal system used for registering marks that qualify as trademarks, service marks, certification marks, or collective marks. Not all brands fall under this provision of the law. The United States Patent and Trademark Office is responsible for examining each application for registration and determining whether it can be properly registered. A trademark can be denied registration for a variety of reasons, as specified in the law. Some examples include an unethical, deceptive, or scandalous trademark, a trademark that confuses an existing trademark, or a trademark that is merely descriptive of products, qualities, or characteristics.
The Supplemental Register is dealt with in subchapter II of the Lanham Act. This Register is a system used for registering trade marks which for some reason cannot be registered in the Main Register. For example, a trade mark which is not yet inherently distinctive may be entered into the Supplementary Register. Although a trademark registered in the Supplementary Register does not enjoy all the advantages afforded to trademarks in the Main Register, it is entitled to limited protection as long as it is not generic and is used commercially.
Subchapter III of the Lanham Act, which sets out the general provisions of the law, is one of the most important provisions. It details the remedies available to trademark owners in the event of another party’s trademark infringement. An injunction against further infringement is the primary remedy granted to the trademark proprietor in an infringement suit. Other possible awards include attorney fees and, in some cases, monetary damages.
Subchapter IV is the final chapter of the Lanham Act, entitled the “Madrid Protocol”. In essence, the Madrid Protocol is an international treaty that allows trademark owners to register a trademark in any participating country by filing a single international application. It went into effect in the United States on November 2, 2003.
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