The Lanham Act, formally known as the Trademark Act of 1946, is a federal law in the United States that primarily governs trademark registration, infringement, and unfair competition.
Enacted by Congress, the Lanham Act aims to protect and regulate trademarks, which are distinctive signs or symbols used to identify and distinguish goods or services in commerce. It establishes a framework for the registration and maintenance of trademarks, providing legal rights and remedies to trademark holders.
Under the Lanham Act, the United States Patent and Trademark Office (USPTO) is responsible for examining and registering trademarks, ensuring that they meet certain criteria for distinctiveness, non-confusion, and non-descriptiveness. It outlines the process for applying, prosecuting, and maintaining a trademark, including provisions for opposition and cancellation of registrations.
Moreover, the Lanham Act prohibits various forms of conduct that may cause confusion, deception, or dilution in the marketplace, safeguarding consumers and preserving the integrity of trademarks. It provides a cause of action for trademark infringement, allowing trademark owners to seek legal remedies, such as injunctions, damages, and seizure of infringing goods.
The Act also addresses unfair competition practices, including false advertising, deceptive trade practices, and misappropriation of trade secrets. It empowers businesses to take legal action against competitors engaging in unfair or deceptive acts that could diminish their goodwill or create consumer confusion.
Overall, the Lanham Act serves as a crucial legal framework for trademark protection and enforcement, fostering fair competition and consumer trust in the marketplace.
