15 U.S.C. § 1119
Section 1119 · Power of court over registration
This is § 37 of the Trademark Act of 1946 (Lanham Act)
Amended 3 times on record
Applied in 321 court decisions — leading case Park 'N Fly, Inc. v. Dollar Park & Fly, Inc. (1985)
Most recently applied in Jekyll Island-State Park Authority v. Polygroup Macau Limited (June 2025)
Cases citing this section usually also cite 15 U.S.C. § 1125 · 15 U.S.C. § 1114 · 15 U.S.C. § 1064
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
In any action involving a registered mark the court may determine the right to registration, order the cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Director, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
Act Feb. 20, 1905, ch. 592, §22, 33 Stat. 729.
Amendments
1999—Pub. L. 106–113 substituted “Director” for “Commissioner”.
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of this title.
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 section 1051 of this title.
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. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
Federal Rules of Civil Procedure
Judgment, see rule 54, Title 28, Appendix, Judiciary and Judicial Procedure.