Lanham Act (Trademark Law)

Introduction

The Lanham Act (15 U.S.C. Chapter 22) is the primary federal law governing trademarks in the United States. The Act provides for the registration, protection, and enforcement of trademarks used in interstate commerce.

Registration

The United States Patent and Trademark Office (USPTO) examines trademark applications for distinctiveness, likelihood of confusion with existing marks, and compliance with use requirements. Registration provides nationwide priority and incontestability after five years.

Infringement

Trademark infringement occurs when a person uses a mark likely to cause confusion as to the source, affiliation, or sponsorship of goods or services. Courts consider factors including mark strength, similarity, proximity of goods, and evidence of actual confusion.

Dilution

Owners of famous marks may bring dilution claims for uses that diminish the mark’s distinctive quality, even without likelihood of confusion. Dilution may be by blurring or tarnishment.