Lanham Act
What does "Lanham Act" mean in law?
The Lanham Act (15 U.S.C. sections 1051-1141) is the primary federal statute governing trademarks, service marks, and unfair competition in the United States, enacted in 1946. Section 32 provides a cause of action for infringement of registered marks, while section 43(a) extends protection to unregistered marks and trade dress and prohibits false designations of origin and false advertising. The Act establishes the federal trademark registration system administered by the USPTO, provides for remedies including injunctive relief, damages, and profits, and creates the framework for incontestable status after five years of continuous use. The Lanham Act works in conjunction with state trademark laws and common law trademark rights.
Definition
The Lanham Act (15 U.S.C. sections 1051-1141) is the primary federal statute governing trademarks, service marks, and unfair competition in the United States, enacted in 1946. Section 32 provides a cause of action for infringement of registered marks, while section 43(a) extends protection to unregistered marks and trade dress and prohibits false designations of origin and false advertising. The Act establishes the federal trademark registration system administered by the USPTO, provides for remedies including injunctive relief, damages, and profits, and creates the framework for incontestable status after five years of continuous use. The Lanham Act works in conjunction with state trademark laws and common law trademark rights.
Example
A small business owner files a trademark application under the Lanham Act with the USPTO to register her brand name, gaining federal protection, constructive nationwide notice, and the ability to use the registered trademark symbol.