‘‘(6) OWNERSHIP
OF
VALID
REGISTRATION
A 
COMPLETE BAR TO ACTION.—The ownership by a per-
son of a valid registration under the Act of March 3, 
1881, or the Act of February 20, 1905, or on the prin-
cipal register under this Act shall be a complete bar 
to an action against that person, with respect to that 
mark, that— 
‘‘(A)(i) is brought by another person under 
the common law or a statute of a State; and 
‘‘(ii) seeks to prevent dilution by blurring 
or dilution by tarnishment; or 
‘‘(B) asserts any claim of actual or likely 
damage or harm to the distinctiveness or reputa-
tion of a mark, label, or form of advertisement. 
‘‘(7) SAVINGS
CLAUSE.—Nothing in this sub-
section shall be construed to impair, modify, or super-
sede the applicability of the patent laws of the United 
States.’’; and 
(2) in subsection (d)(1)(B)(i)(IX), by striking 
‘‘(c)(1) of section 43’’ and inserting ‘‘(c)’’. 
SEC. 3. CONFORMING AMENDMENTS. 
(a) MARKS REGISTRABLE ON THE PRINCIPAL REG-
ISTER.—Section 2(f) of the Trademark Act of 1946 (15 
U.S.C. 1052(f)) is amended— 
(1) by striking the last two sentences; and 
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(2) by adding at the end the following: ‘‘A mark 
which would be likely to cause dilution by blurring 
or dilution by tarnishment under section 43(c), may 
be refused registration only pursuant to a proceeding 
brought under section 13. A registration for a mark 
which would be likely to cause dilution by blurring 
or dilution by tarnishment under section 43(c), may 
be canceled pursuant to a proceeding brought under 
either section 14 or section 24.’’. 
(b) OPPOSITION.—Section 13(a) of the Trademark Act 
of 1946 (15 U.S.C. 1063(a)) is amended in the first sentence 
by striking ‘‘as a result of dilution’’ and inserting ‘‘the reg-
istration of any mark which would be likely to cause dilu-
tion by blurring or dilution by tarnishment’’. 
(c) CANCELLATION.—Section 14 of the Trademark Act 
of 1946 (15 U.S.C. 1064) is amended, in the matter pre-
ceding paragraph (1) by striking ‘‘, including as a result 
of dilution under section 43(c),’’ and inserting ‘‘, including 
as a result of a likelihood of dilution by blurring or dilution 
by tarnishment under section 43(c),’’. 
(d) MARKS FOR THE SUPPLEMENTAL REGISTER.—The 
second sentence of section 24 of the Trademark Act of 1946 
(15 U.S.C. 1092) is amended to read as follows: 
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‘‘Whenever any person believes that such person is or will 
be damaged by the registration of a mark on the supple-
mental register— 
‘‘(1) for which the effective filing date is after the 
date on which such person’s mark became famous and 
which would be likely to cause dilution by blurring 
or dilution by tarnishment under section 43(c); or 
‘‘(2) on grounds other than dilution by blurring 
or dilution by tarnishment, such person may at any 
time, upon payment of the prescribed fee and the fil-
ing of a petition stating the ground therefor, apply to 
the Director to cancel such registration.’’. 
(e) DEFINITIONS.—Section 45 of the Trademark Act 
of 1946 (15 U.S.C. 1127) is amended by striking the defini-
tion relating to the term ‘‘dilution’’. 
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Calendar No. 366 
109TH CONGRESS 
2D SESSION 
H. R. 683 
AN ACT 
To amend the Trademark Act of 1946 with respect 
to dilution by blurring or tarnishment. 
FEBRUARY 27, 2006 
Reported with an amendment 
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