I 112th CONGRESS 2d Session H. R. 6215 IN THE HOUSE OF REPRESENTATIVES July 26, 2012 Mr. Smith of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Trademark Act of 1946 to correct an error in the provisions relating to remedies for dilution.

1.

Remedies for dilution

(a)

In general

Section 43(c)(6) of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 6, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1125(c)(6)), is amended by striking subparagraphs (A) and (B) and inserting the following: (A)is brought by another person under the common law or a statute of a State; and (B)(i)seeks to prevent dilution by blurring or dilution by tarnishment; or (ii)asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement. . (b)

Effective date

The amendment made by subsection (a) shall apply to any action commenced on or after the date of the enactment of this Act.