Any person who shall procure registration in the Patent and Trademark Office of a mark by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages sustained in consequence thereof. (July 5, 1946, ch. 540, title VI, § 38, 60 Stat. 440 ; Pub. L. 93–596, § 1 , Jan. 2, 1975 , 88 Stat. 1949 .) Editorial Notes Prior Provisions Act Feb. 20, 1905, ch. 592, § 25, 33 Stat. 730 . Amendments 1975— Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”. Statutory Notes and Related Subsidiaries Effective Date of 1975 Amendment Amendment by Pub. L. 93–596 effective Jan. 2, 1975 , see section 4 of Pub. L. 93–596 , set out as a note under section 1111 of this title . Repeal and Effect on Existing Rights Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under section 1051 of this title . Executive Documents Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of Commerce , with certain exceptions, to Secretary of Commerce , with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950 , 15 F.R. 3174 , 64 Stat. 1263 , set out in the Appendix to Title 5 , Government Organization and Employees.