III 

117TH CONGRESS 

1ST SESSION S. RES. 323 

Recognizing the 75th anniversary and the importance of the Lanham Act 

by designating the month of July as ‘‘National Anti-Counterfeiting and 

Consumer Education and Awareness Month’’. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2021 

Mr. GRASSLEY (for himself, Mr. COONS, Mr. TILLIS, Mr. DURBIN, and Mr. 

LEAHY) submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

Recognizing the 75th anniversary and the importance of the 

Lanham Act by designating the month of July as ‘‘National Anti-Counterfeiting and Consumer Education and 

Awareness Month’’. 

Whereas July 5, 2021, marks the 75th anniversary of the 

signing of the Act entitled ‘‘An Act to provide for the 

registration and protection of trademarks used in commerce, to carry out the provisions of certain international 

conventions, and for other purposes’’, approved July 5, 

1946 (commonly known as the ‘‘Lanham Act’’ or the 

‘‘Trademark Act of 1946’’) (15 U.S.C. 1051 et seq.) by 

President Harry S. Truman; 

Whereas the Lanham Act provided the foundation for modern 

Federal trademark protection, creating legal rights and 


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remedies for brand owners suffering from trademark infringement, helping consumers make informed choices by 

reducing confusingly similar products, and making the 

marketplace more fair, competitive, and safe for all; 

Whereas the Lanham Act was named for the primary sponsor, Representative Fritz Lanham of Texas, who recognized a need to ‘‘protect legitimate business and the consumers of the country’’ and created a uniform Federal 

framework to protect the trademarks of businesses, including logos, words, phrases, names, packaging, scents, 

shapes, and colors; 

Whereas the Lanham Act has enabled the United States Patent and Trademark Office to administer a strong and effective Federal trademark registration system that helps 

trademark and brand owners safeguard their investments, while protecting consumers from confusion and 

deception in the marketplace and in commerce; 

Whereas the Lanham Act has been cited by the United 

States Supreme Court in more than 50 decisions and by 

Federal and State courts across the United States in 

more than 54,000 decisions; 

Whereas, in 2019, approximately 58,200,000 trademarks 

were in force around the world; 

Whereas an estimated 9,200,000 trademark registrations recorded worldwide in 2019 alone, an 18.9 percent increase 

on the previous year’s total; 

Whereas the Lanham Act has provided more than 7 decades 

of protection for the consumers and industries of the 

United States, which is of growing importance given the 

explosion of counterfeiting activity associated with the 


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growth of both global commerce and electronic commerce 

(commonly referred to as ‘‘e-commerce’’); 

Whereas counterfeit products undermine laws, including the 

Lanham Act, that serve to safeguard consumers and 

brand owners against deceptive products in the marketplace and create profits for organized crime gangs at the 

expense of companies and governments; 

Whereas counterfeiters use deceptive practices to entice consumers to purchase counterfeit goods; 

Whereas the deceptive tactics of counterfeiters and their 

counterfeit products pose actual and potential harm to 

the health and safety of United States citizens, especially 

the most vulnerable consumers in society, such as senior 

citizens and children; 

Whereas counterfeit products threaten the United States 

economy and job creation, given that intellectual property 

is a key value generator, is an enabler of success in competitive markets, and promotes innovation and drives sustained economic growth; 

Whereas, according to a report issued on April 18, 2021, by 

the Organization for Economic Cooperation and Development, as of 2019 the manufacturing, trade, and consumption of counterfeit products is on the rise and trade 

in counterfeit products accounts for 3.3 percent of global 

trade, or approximately $500,000,000,000; 

Whereas brand owners, including corporations and mediumsized and small businesses, collectively spend billions of 

dollars annually to remove counterfeit products from the 

marketplace, including the online marketplace, in an effort to safeguard consumers from counterfeit products 


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and protect the innovation, reputation, and goodwill invested in their trademarked products and services; 

Whereas there is a need to support the efforts of the Intellectual Property Enforcement Coordinator and the National 

Intellectual Property Rights Coordination Center to minimize counterfeit activity and educate consumers about 

the illegal activities that consumer money might support 

when consumers knowingly or unknowingly purchase 

counterfeit products; 

Whereas U.S. Customs and Border Protection is experiencing 

an unprecedented volume of counterfeit products being 

imported into domestic commerce, primarily through the 

use of e-commerce and delivery in small packages; 

Whereas the Congressional Trademark Caucus is actively 

working to raise awareness of the value of trademarks 

and the impact of trademarks on the national and State 

economies, as well as the threat posed by counterfeit 

products in undermining the safeguards that trademark 

protections provide for consumers and brand owners 

alike; 

Whereas many governmental and nongovernmental entities, 

including Federal enforcement agencies, the National Intellectual Property Rights Coordination Center, State enforcement agencies, and consumer groups, share responsibility for, and dedicate substantial resources towards, 

educating the people of the United States about the potential harms that can arise from counterfeit products in 

the marketplace; and 

Whereas recognition and commemoration of the 75th anniversary of the signing of the Lanham Act serves as a means 

of educating the people of the United States about the 


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importance of further raising awareness of the dangers 

counterfeit products pose to consumer health and safety: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes the 75th anniversary of the sign3 ing of the Act entitled ‘‘An Act to provide for the 

4 registration and protection of trademarks used in 

5 commerce, to carry out the provisions of certain 

6 international conventions, and for other purposes’’, 

7 approved July 5, 1946 (commonly known as the 

8 ‘‘Lanham Act’’ or the ‘‘Trademark Act of 1946’’) 

9 (15 U.S.C. 1051 et seq.) by President Harry S. Tru10 man; 

11 (2) designates the month of July 2021 as ‘‘Na12 tional Anti-Counterfeiting and Consumer Education 

13 and Awareness Month’’; 

14 (3) supports the goals and ideals of National 

15 Anti-Counterfeiting and Consumer Education and 

16 Awareness Month to educate the public and raise 

17 public awareness about the actual and potential dan18 gers counterfeit products pose to consumer health 

19 and safety; 

20 (4) affirms the continuing importance and need 

21 for comprehensive Federal, State, and private sector22 supported education and awareness efforts designed 

23 to equip the consumers of the United States with 


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1 the information and tools they need to safeguard 

2 against illegal counterfeit products in traditional 

3 commerce, internet commerce, and other electronic 

4 commerce platforms; 

5 (5) encourages the people of the United States 

6 to observe and celebrate the 75th anniversary of the 

7 signing of the Lanham Act with appropriate anti8 counterfeiting education and awareness activities; 

9 and 

10 (6) recognizes and reaffirms the commitment of 

11 the United States to combating counterfeiting by 

12 promoting awareness about the actual and potential 

13 harm of counterfeiting to consumers and brand own14 ers and by promoting new education programs and 

15 campaigns designed to reduce the supply of, and de16 mand for, counterfeit products. 

Æ 


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