Trade Dress Protection Act

Summary

Trade Dress Protection Act - Amends the Trademark Act of 1946 to add to the list of trademarks that may be refused registration on the principal register on account of their nature those marks that comprise any matter that, as a whole, is functional. Authorizes trade dress which functions as a mark to be registered and protected (except as expressly excluded by existing law) without the need to show that it has become distinctive if the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress. Revises a provision regarding registration on the supplemental register to authorize registration of a mark that: (1) consists of any symbol, name, word, slogan, phrase, surname, geographical name, numeral, device, color, label, any matter that is not functional, or any combination of the foregoing; and (2) is capable of distinguishing the applicant's goods or services. Defines "trade dress" as the total image or overall appearance of a product or service. Prohibits registration or protection of trade dress that is functional. Defines "functional," with respect to matter seeking protection under the Act, to mean that the matter is of such superior design that to afford it protection would significantly hinder effective competition. Places the burden of proving that matter is not functional in a civil action for trade dress infringement for unregistered trade dress on the person asserting trade dress protection.

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Timeline

1. 5 February 1998

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 5 February 1998

   Introduced

   Sponsor introductory remarks on measure. (CR E117)

   Source: IntroReferral

3. 5 February 1998

   Introduced

   Introduced in House

   Source: IntroReferral

4. 5 February 1998

   Introduced

   Introduced in House

   Source: IntroReferral

5. 9 February 1998

   Referred

   Referred to the Subcommittee on Courts and Intellectual Property.

   Source: Committee

6. 12 February 1998

   Committee

   Subcommittee Hearings Held.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in House · 5 February 1998 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 5 February 1998

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 5 February 1998

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 5 February 1998

  Open at official source

Sponsors

• Rep. Coble, Howard [R-NC-6] · R · Sponsor
• · hsju00 · Standing

Related records

No cross-record relationships stored yet.