15 U.S.C. § 1120
Section 1120 · Civil liability for false or fraudulent registration
This is § 38 of the Trademark Act of 1946 (Lanham Act)
Amended 2 times on record
Applied in 122 court decisions — leading case Steele v. Bulova Watch Co. (1952)
Most recently applied in Carbon Six Barrels v. Proof Research (September 2023)
Cases citing this section usually also cite 15 U.S.C. § 1125 · 15 U.S.C. § 1119 · 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.
Any person who shall procure registration in the Patent and Trademark Office of a mark by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages sustained in consequence thereof.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
Act Feb. 20, 1905, ch. 592, §25, 33 Stat. 730.
Amendments
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
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.