§1121. Jurisdiction of Federal courts; State and local requirements that registered trademarks be altered or displayed differently; prohibition

(a) The district and territorial courts of the United States shall have original jurisdiction and the courts of appeal of the United States (other than the United States Court of Appeals for the Federal Circuit) shall have appellate jurisdiction, of all actions arising under this chapter, without regard to the amount in controversy or to diversity or lack of diversity of the citizenship of the parties.

(b) No State or other jurisdiction of the United States or any political subdivision or any agency thereof may require alteration of a registered mark, or require that additional trademarks, service marks, trade names, or corporate names that may be associated with or incorporated into the registered mark be displayed in the mark in a manner differing from the display of such additional trademarks, service marks, trade names, or corporate names contemplated by the registered mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office.

(July 5, 1946, ch. 540, title VI, §39, formerly §§39 and 39a, 60 Stat. 440 ; June 25, 1948, ch. 646, §§1, 32(a), 62 Stat. 870 , 991; May 24, 1949, ch. 139, §127, 63 Stat. 107 ; Apr. 2, 1982, Pub. L. 97–164, title I, §148, 96 Stat. 46 ; Oct. 12, 1982, Pub. L. 97–296, 96 Stat. 1316 ; Nov. 16, 1988, Pub. L. 100–667, title I, §131, 102 Stat. 3946 .)

Codification

Pub. L. 100–667, §131(b)(1), transferred section 39a of act July 5, 1946, which was classified to section 1121a of this title, to subsec. (b) of this section.

In subsec. (a), the words "and the United States Court of Appeals for the District of Columbia" following "the Courts of Appeal of the United States" have been deleted as superfluous in view of section 41 of Title 28, Judiciary and Judicial Procedure, which includes the District of Columbia within the eleven judicial circuits of the United States. The word "and" has been inserted preceding "the courts of appeal of the United States" to preserve the conjunctive sense of the sentence.

Prior Provisions

Acts Feb. 20, 1905, ch. 592, §17, 33 Stat. 728 ; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167 ; June 7, 1934, ch. 426, 48 Stat. 926 ; June 25, 1936, ch. 804, 49 Stat. 1921 .

Amendments

1988-Subsec. (a). Pub. L. 100–667, §131(a), designated existing provisions as subsec. (a).

Subsec. (b). Pub. L. 100–667, §131(b), redesignated section 1121a of this title as subsec. (b) of this section and substituted "service marks" for "servicemarks" in two places.

1982-Pub. L. 97–164 inserted "(other than the United States Court of Appeals for the Federal Circuit)".

Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted "court of appeals" for "circuit court of appeals".

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Repeal and Effect on Existing Rights

Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under section 1051 of this title.

Cross References

District courts vested with jurisdiction of-

Civil actions arising under any Act of Congress relating to trade-marks, see section 1338 of Title 28, Judiciary and Judicial Procedure.

Civil actions asserting a claim of unfair competition when joined with a substantial and related claim under the trade-mark laws, see section 1338 of Title 28.

Civil actions for injunction against infringement of registered trade-mark, see section 1116 of this title.

District in which trade-mark infringement action to be brought, see section 1391 of Title 28, Judiciary and Judicial Procedure.