Trademark Clarification Act of 1983 - Amends the Lanham Trademark Act to state that a registered trademark has not become a generic (common descriptive name) and therefore cancellable solely because such mark is also used as a name of or to identify a unique product or service. Makes the primary significance of the mark to the relevant public rather than purchaser motivation the test for whether or not the mark has become a generic.
Includes under trademark and service mark protection those marks which indicate the source of the goods, even if that source is unknown.
Prohibits the use of purchaser motivation as a test for determining whether or not a mark has been abandoned.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Patents, Copyrights and Trademarks.
Committee on Patents, Copyrights and Trademarks; Subcommittee on Patents, Copyrights and Trademarks. Hearings held. Hearings printed: S.Hrg. 98-901.
Subcommittee on Patents, Copyrights and Trademarks. Approved for full committee consideration with an amendment in the nature of a substitute favorably.
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 98-627.
Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 98-627.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 1213.
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