‘‘(C) All forms of news reporting and news 
commentary. 
‘‘(4) ADDITIONAL
REMEDIES.—In an action 
brought under this subsection, the owner of the fa-
mous mark shall be entitled only to injunctive relief 
as set forth in section 34, except that, if— 
‘‘(A) the person against whom the injunc-
tion is sought did not use a mark or trade 
name that is likely to cause dilution by blurring 
or dilution by tarnishment as a designation of 
source in commerce prior to the date of the en-
actment of the Trademark Dilution Revision 
Act of 2005, and 
‘‘(B) in a claim arising under this sub-
section— 
‘‘(i) by reason of dilution by blurring, 
the person against whom the injunction is 
sought willfully intended to trade on the 
recognition of the famous mark, or 
‘‘(ii) 
by 
reason 
of 
dilution 
by 
tarnishment, the person against whom the 
injunction is sought willfully intended to 
trade on the reputation of the famous 
mark,
the owner of the famous mark shall also be entitled 
to the remedies set forth in sections 35(a) and 36, 
subject to the discretion of the court and the prin-
ciples of equity. 
‘‘(5) OWNERSHIP OF VALID REGISTRATION A 
COMPLETE BAR TO ACTION.—The ownership by a 
person of a valid registration under the Act of 
March 3, 1881, or the Act of February 20, 1905, or 
on the principal register under this Act shall be a 
complete bar to an action against that person, with 
respect to that mark, that is brought by another 
person under the common law or a statute of a 
State and that seeks to prevent dilution by blurring 
or dilution by tarnishment, or that asserts any claim 
of actual or likely damage or harm to the distinctive-
ness or reputation of a mark, label, or form of ad-
vertisement.’’; 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
(2) adding at the end the following: ‘‘A mark 
which, when used as a designation of source for the 
applicant’s goods or services, 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, when used as a 
designation of source for the registrant’s goods or 
services, 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 registration of any mark which, when used as a des-
ignation of source for the applicant’s goods or services, 
would be likely to cause dilution by blurring or 
tarnishment’’. 
(c) CANCELLATION.—Section 14 of the Trademark 
Act of 1946 (15 U.S.C. 1064) is amended, in the matter 
preceding paragraph (1)— 
(1) by striking ‘‘, including as a result of dilu-
tion under section 43(c),’’; and
(2) inserting ‘‘(A) for which the constructive 
use date is after the date on which the petitioner’s 
mark became famous and which, when used as a 
designation of source for the registrant’s goods or 
services, would be likely to cause dilution by blurring 
or dilution by tarnishment under section 43(c), or 
(B) on grounds other than dilution by blurring or di-
lution by tarnishment’’ after ‘‘February 20, 1905’’. 
(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: 
‘‘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 fa-
mous and which, when used as a designation of 
source for the registrant’s goods or services, 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 pre-
scribed fee and the filing of a petition stating the ground
therefor, apply to the Director to cancel such registra-
tion.’’. 
(e) DEFINITIONS.—Section 45 of the Trademark Act 
of 1946 (15 U.S.C. 1127) is amended by striking the defi-
nition relating to ‘‘dilution’’. 
Æ