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is famous separate and apart from any fame of
such registered marks.
‘‘(5) ADDITIONAL
REMEDIES.—In an action
brought under this subsection, the owner of the famous
mark shall be entitled to injunctive relief as set forth
in section 34. 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 principles of equity if—
‘‘(A) the mark or trade name that is likely
to cause dilution by blurring or dilution by
tarnishment was first used in commerce by the
person against whom the injunction is sought
after the date of enactment of the Trademark Di-
lution Revision Act of 2006; and
‘‘(B) in a claim arising under this
subsection—
‘‘(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
harm the reputation of the famous mark.
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‘‘(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’’.
Attest:
Secretary.