![]() ![]() ![]() However, in the Trade-Mark Cases of 1879, the Supreme Court struck down these statutes, holding that the statutes were invalid and unconstitutional. ![]() In 1876, the law was amended to punish individuals for using, selling, and counterfeiting trademarks either by fine or imprisonment. In 1870, Congress enacted legislation to “revise, consolidate, and amend the statutes relating to patents and copyrights” by introducing guidelines for registration of trademarks. 82, 92 (1879): “At common law the exclusive right grows out of its use, and not its mere adoption.” This exclusive right remains the overarching purpose for protecting trademarks that are used in commerce.ĭespite a robust history and roots in common law, the first trademark legislation in the United States was struck down by the Supreme Court. Trademarks are a creature of common law and were originally recognized as the “distinctive symbol of the party using it” after a “considerable period of use.” As Justice Miller observed in the Trade-Mark Cases, 100 U.S. This Article is intended to give a brief historical background of trademark law in the United States, and changes to the law in light of the TMA. The TMA becomes effective on Decemand makes several changes to federal trademark law that businesses should be aware of going into 2021. As the infamous 2020 came to a close, Congress shuffled in changes to the Trademark Act of 1946 by passing the Trademark Modernization Act of 2020 (“TMA”) on December 27, 2020.
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