Trademark Law Revision Act of 1988

enactedUnited States· United States Congress· EN

Introduced

19 November 1987

Last action

16 November 1988 · President

Status

Became Public Law No: 100-667.

Summary

Trademark Law Revision Act of 1987 - Amends the Lanham Act to permit a person who has a bona fide intention to use a trademark in commerce to apply to register the trademark. (Current law provides only for registration of a trademark already in use in commerce.) Requires that such trademark actually be used in commerce before it becomes a registered trademark. States that an application on an intent-to-use basis constitutes constructive use of the mark which must be resolved either through ultimate registration or other disposition before a later application for the same mark may be registered. Permits concurrent registrations by consent regardless of filing dates. Modifies the time period within which proof of a mark's distinctiveness may be offered. Eliminates the separate register for service marks. Eliminates the separate register for collective and certification marks, permitting the use of the former to indicate that their owners perform the connected service or sell the goods associated with such marks. States that when the first use of a mark is made by a related company (a licensee), then that use will inure to the benefit of the applicant or registrant. Halves the terms of registration and renewal to ten years each. Requires the deletion of marks where in the sixth year of registration their registrant does not file the required affidavit of use. Prohibits the assignment of an intent-to-use application prior to registration unless such application is assigned to the applicant's successor in business. States that a security interest in a mark is obtained only by filing in the Patent and Trademark Office and includes both the mark and the goodwill accompanying the mark. Provides for the examination of applications for registration submitted on the basis of intent-to-use. Sets forth procedures for such applications. Modifies conditions under which a mark becomes subject to cancellation because it has become a generic name. Grants the Trademark Trial and Appeal Board the authority to limit or modify the goods or services identified in a registration or application to avoid the likelihood of confusion and to determine trademark ownership rights when they are at variance with the register. Limits when final judgments may be entered in intent-to-use cases to the time such mark is registered. Eliminates the one year use requirement for applying to register a mark on the supplemental register and states that the use of such register does not constitute an admission that the mark has not acquired secondary meaning. Requires a registrant to prove the likelihood of confusion even when the right to use the mark in question is incontestable. Modifies available remedies. States that injunctive relief is not available in intent-to-use cases. Provides for a cause of action to protect trademarks against disparagement and tarnishment and for relief of a registrant claiming dilution of a famous mark registered on the principal register. Requires applicants for registration of marks in the U.S. based on foreign registration to state a bona fide intention to use such mark in commerce. Modifies definitions under such Act to reflect the creation of the intent-to-use system. Excludes use in commercials and promotion from the definition of use in commerce.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

19 November 1987
Introduced
Read twice and referred to the Committee on Judiciary.
Source: IntroReferral
19 November 1987
Introduced
Introduced in Senate
Source: IntroReferral
23 November 1987
Referred
Referred to Subcommittee on Patents, Copyrights and Trademarks.
Source: Committee
15 March 1988
Committee
Subcommittee on Patents, Copyrights and Trademarks. Hearings held.
Source: Committee
13 April 1988
Committee
Subcommittee on Patents, Copyrights and Trademarks. Approved for full committee consideration with an amendment in the nature of a substitute favorably.
Source: Committee
12 May 1988
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 667.
Source: Calendars
12 May 1988
Reported
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Source: Committee
12 May 1988
Reported
Committee on Judiciary. Reported to Senate by Senator Byrd for Senator Biden with an amendment in the nature of a substitute. Without written report.
Source: Committee
13 May 1988
Floor
Measure laid before Senate by unanimous consent.
Source: Floor
13 May 1988
Passed
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Source: Floor
17 May 1988
Introduced
Referred to House Committee on The Judiciary.
Source: IntroReferral
17 May 1988
Floor
Message on Senate action sent to the House.
Source: Floor
20 May 1988
Referred
Referred to Subcommittee on Courts, Civil Liberties, and the Administration of Justice.
Source: Committee
15 September 1988
Floor
By Senator Biden from Committee on Judiciary filed written report. Report No. 100-515.
Source: Floor
15 September 1988
Committee
By Senator Biden from Committee on Judiciary filed written report. Report No. 100-515.
Source: Committee
19 October 1988
Floor
Called up by House Under Suspension of Rules.
Source: Floor
19 October 1988
Passed
Passed House (Amended) by Voice Vote.
Source: Floor
19 October 1988
Passed
Passed/agreed to in House: Passed House (Amended) by Voice Vote.
Source: Floor
20 October 1988
Passed
Senate agreed to the House amendment by Voice Vote.
Source: ResolvingDifferences
20 October 1988
Passed
Resolving differences -- Senate actions: Senate agreed to the House amendment by Voice Vote.
Source: NotUsed
20 October 1988
Floor
Message on House action received in Senate and held at desk: House amendment to Senate bill.
Source: Floor
7 November 1988
Floor
Presented to President.
Source: Floor
7 November 1988
President
Presented to President.
Source: President
7 November 1988
Floor
Measure Signed in Senate.
Source: Floor
16 November 1988
Became law
Became Public Law No: 100-667.
Source: President
16 November 1988
Became law
Signed by President.
Source: BecameLaw
16 November 1988
President
Signed by President.
Source: President

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

5 official files

Public Law (PDF)
Public Law · EN · 17 November 1988
View Download Open at official source
Passed House amended
summary · EN · 19 October 1988
Open at official source
Passed Senate amended
summary · EN · 13 May 1988
Open at official source
Reported to Senate with amendment(s)
summary · EN · 12 May 1988
Open at official source
Introduced in Senate
summary · EN · 19 November 1987
Open at official source

Related records

related to → Satellite Home Viewer Act of 1988
related to → Trademark Law Revision Act of 1988

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.

Official source: https://www.congress.gov/bill/100th-congress/senate-bill/1883
Open data entity: https://api.congress.gov/v3/bill/100/s/1883
us · 100-s-1883 · source updated 10 August 2026