S. 746Senate118th Congress (2023-2025)In Committee

No Stolen Trademarks Honored in America Act

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Updated January 20, 2026 at 4:37 AM UTC

The No Stolen Trademarks Honored in America Act changes the rule that U.S. courts cannot recognize rights to trademarks, trade names, or commercial names that were used with businesses or assets that were confiscated. It adds that courts may recognize such rights only if the original owner or a legitimate successor‑in‑interest has given consent, and only when the claimant knew or should have known the mark was tied to confiscated property. The changes affect courts, executive‑branch entities, and anyone trying to claim ownership of such marks.

Key Provisions

Extends the prohibition to include "entity of the executive branch" as well as U.S. courts.
Removes language allowing recognition "by a designated national."
Requires that recognition of a mark is allowed only if the original owner or a bona‑fide successor‑in‑interest has expressly consented.
Adds a knowledge requirement: the claimant must have known or had reason to know the mark was the same as or substantially similar to one used with confiscated business or assets.
Renumbers and updates subsections, making minor technical formatting changes.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

March 9, 2023

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SenateIntro Referral

Introduced in Senate

March 9, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

March 9, 2023

Bill Text

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Introduced in SenateIssued March 9, 2023

118th CONGRESS

1st Session

S. 746

IN THE SENATE OF THE UNITED STATES

March 9, 2023

Mr. Menendez (for himself, Mr. Rubio, Ms. Cortez Masto, Mr. Braun, Mr. Tillis, Mr. Marshall, Ms. Hirono, and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To modify the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, or commercial names.

Short title

This Act may be cited as the No Stolen Trademarks Honored in America Act.

Modification of prohibition

Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277; 112 Stat. 2681–88) is amended—

(1)

in subsection (a)(2)—

(A)

by inserting or entity of the executive branch after U.S. court;

(B)

by striking by a designated national; and

(C)

by inserting before the period at the end the following: that was used in connection with a business or assets that were confiscated unless the original owner of the mark, trade name, or commercial name, or the bona fide successor-in-interest has expressly consented;

(2)

in subsection (b)—

(A)

by inserting or entity of the executive branch after U.S. court; and

(B)

by striking by a designated national or its successor-in-interest;

(3)

by redesignating subsection (d) as subsection (e);

(4)

by inserting after subsection (c) the following:

(d)

Subsections (a)(2) and (b) of this section shall apply only if the person or entity asserting the rights knew or had reason to know at the time when the person or entity acquired the rights asserted that the mark, trade name, or commercial name was the same as or substantially similar to a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated.

; and

(5)

in subsection (e), as so redesignated, by striking In this section: and all that follows through (2) The term and inserting the following: In this section, the term.