Trademark Law Revision Act of 1988

Trademark Law Revision Act of 1987 - Amends the Lanham Act to permit a person who has a bona fide intention to use a trademark in commerce to apply to register the trademark. (Current law provides only for registration of a trademark already in use in commerce.) Requires that such trademark actually be used in commerce before it becomes a registered trademark. States that an application on an intent-to-use basis constitutes constructive use of the mark which must be resolved either through ultimate registration or other disposition before a later application for the same mark may be registered. Permits concurrent registrations by consent regardless of filing dates. Modifies the time period within which proof of a mark's distinctiveness may be offered. Eliminates the separate register for service marks. Eliminates the separate register for collective and certification marks, permitting the use of the former to indicate that their owners perform the connected service or sell the goods associated with such marks. States that when the first use of a mark is made by a related company (a licensee), then that use will inure to the benefit of the applicant or registrant. Halves the terms of registration and renewal to ten years each. Requires the deletion of marks where in the sixth year of registration their registrant does not file the required affidavit of use. Prohibits the assign…

Congressional Research Service · 1987-11-19