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H. R. 3119

American Bar Association
Section of Intellectual Property


H.R. 3119, As introduced in the House

105th CONGRESS
2d Session

H. R. 3119

To amend the Trademark Act of 1946 with respect to the dilution of famous marks.

IN THE HOUSE OF REPRESENTATIVES
January 28, 1998

Mr. Blunt introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Trademark Act of 1946 with respect to the dilution of famous marks.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 43(c)(3) of the Act entitled "An Act to provide for the registration and protection of trade- marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes." (commonly referred to as the "Trademark Act of 1946") is amended by adding at the end the following: "Such ownership shall be a complete bar to an action against that person under paragraph (1) if the action is commenced more than 365 days after the date of registration or 365 days after the person began to use the mark or trade name in commerce, whichever is later.".