[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-190
112th Congress

An Act


 
To amend the Trademark Act of 1946 to correct an error in the provisions
relating to remedies for dilution. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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 5, 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.

Approved October 5, 2012.

LEGISLATIVE HISTORY--H.R. 6215:
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HOUSE REPORTS: No. 112-647 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 158 (2012):
Sept. 11, considered and passed House.
Sept. 21, considered and passed Senate.