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15 USC § 1053 - Service marks registrable 

---
identifier: "/us/usc/t15/s1053"
source: "usc"
legal_status: "official_prima_facie"
title: "15 USC § 1053 - Service marks registrable"
title_number: 15
title_name: "COMMERCE AND TRADE"
section_number: "1053"
section_name: "Service marks registrable"
chapter_number: 22
chapter_name: "TRADEMARKS"
subchapter_number: "I"
subchapter_name: "THE PRINCIPAL REGISTER"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(July 5, 1946, ch. 540, title I, § 3, 60 Stat. 429; Pub. L. 100–667, title I, § 105, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106–43, § 6(b), Aug. 5, 1999, 113 Stat. 220.)"
---

# § 1053. Service marks registrable

Subject to the provisions relating to the registration of trademarks, so far as they are applicable, service marks shall be registrable, in the same manner and with the same effect as are trademarks, and when registered they shall be entitled to the protection provided in this chapter in the case of trademarks. Applications and procedure under this section shall conform as nearly as practicable to those prescribed for the registration of trademarks.

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**Source Credit**: (July 5, 1946, ch. 540, title I, § 3, 60 Stat. 429; Pub. L. 100–667, title I, § 105, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106–43, § 6(b), Aug. 5, 1999, 113 Stat. 220.)

## Editorial Notes

### Amendments

1999— substituted “trademarks” for “trade-marks” wherever appearing.

1988— struck out “used in commerce” after “applicable, service marks” and “, except when used so as to represent falsely that the owner thereof makes or sells the goods on which such mark is used. The Commissioner may establish a separate register for such service marks” after “case of trade-marks”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment by  effective one year after , see , set out as a note under .

### Repeal and Effect on Existing Rights

Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under .

## Executive Documents

### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.