Also known as the Trademark Act of 1946. The federal statute governing trademark law, including registration (with the US Patent and Trademark Office (USPTO)), maintenance, and protection of trademarks used in or affecting interstate commerce (15 U.S.C. §§ 1051 to 1127). The Lanham Act provides a federal cause of action for infringement of trademarks registered with the USPTO.

The Lanham Act also provides federal causes of action for trademark dilution, cybersquatting, and several unfair competition claims, such as unregistered trademark infringement (including claims for infringement of unregistered trade dress and trade names), false advertising, false endorsement, and false designation of origin.

The Lanham Act generally does not preempt state common law trademark and unfair competition principles or state trademark statutes.

For more information, see Practice Notes: