§ H

§ H.R. 82

TITLE 1----THE PRINCIPAL REGISTER

SECTION 1. The owner of a trade--mark used in commerce may register his trade--mark under this Act on the principal register hereby established:

(a) By ﬁling in the Patent Office--

(1) a written application, in such form as may be prescribed by the Commissioner, veriﬁed by the applicant, or by a member of the ﬁrm or an officer of the cor-

[2]

poration or association applying, specifying applicant's domicile and citizenship, the date of applicant's ﬁrst use of the mark, the date of applicant's ﬁrst use of the mark in commerce, the goods in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods, and including a statement to the effect that the person making the veriﬁcation believes himself, or the ﬁrm, corporation, or association in whose behalf he makes the veriﬁcation, to be the owner of the mark sought to be registered, that the mark is in use in commerce, and that no other person, ﬁrm, corporation, or association, to the best of his knowledge and belief, has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive: Provided. That in the case of every application claiming concurrent use the applicant shall state exceptions to his claim of exclusive use, in which the shall specify, to the extent of his knowledge, any concurrent use by others, the goods or services in connection with which and the areas in which each concurrent use exists, the periods of each use, and the goods and area for which the applicant desires registration;

(2) a drawing of the mark; and

(3) such number of specimens or facsimiles of the

[3]
mark as actually used as may be required by the Commissioner.

(b) By paying into the Patent Office the ﬁling fee.

(d) If the applicant is not domiciled in the United States he shall designate by a written document ﬁled in the Patent Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with him or mailing to him a copy thereof at the address speciﬁed in the last designation so ﬁled. If the person so designated cannot be found at the address given in the last designation, such notice or process may be served upon the Commissioner.

MARKS REGISTRABLE ON THE PRINCIPAL REGISTER

SEC 2. No trade--mark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it--

(a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institu--

[4]

tions, beliefs, or national symbols, or bring them into contempt, or disrepute.

(b) Consists of or comprises the ﬂag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof.

(c) Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow.

(d) Consists of or comprises a mark which so resembles a mark registered in the patent Office or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when applied to the goods of the applicant, to cause confusion or mistake or to deceive purchasers: Provided. That the Commissioner may register as concurrent registrations the same or similar marks to more than one registrant when they have become entitled to use such marks as a result of their concurrent lawful use thereof in commerce prior to any of the ﬁling dates of the applications involved and the Commissioner or a court on appeal determines that confusion or mistake or deceit of purchasers is not likely to result from the continued use of said marks under conditions and limitations as to the mode--or place of

[5]

use of the goods in connection with which such registrations may be granted which conditions and limitations shall be prescribed in the grant of the concurrent registrations thereof; and concurrent registrations maybe similarly granted by the Commissioner with such conditions and limitations when a court has ﬁnally determined that more than one person is entitled to use the same or similar marks in commerce. The Commissioner shall give not less than thirty days' written notice to all applicants, registrants, and users speciﬁed by any of the parties concerned of any application for concurrent registration and of the time and place of the hearings thereon. When the Commissioner decides to grant a concurrent registration the proposed registration shall be published in the Official Gazette of the Patent Office and the application shall be subject to opposition as hereinafter provided for other applications to register marks. Concurrent registrations may be ordered by a court in an action under the provisions of section 4915, Revised Statutes, under such conditions and limitations as the court considers proper in accordance herewith.

(e) Consists of a mark which, (1) when applied to the goods of the applicant is merely descriptive or deceptively misdescriptive of them or (2) when applied to the goods of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, except as indications of

[6]

regional origin may be registrable under section 4 hereof or (3) is primarily merely a surname.

(f) Except as expressly excluded in paragraphs (a), (b), (c), and (d) of this section, nothing herein shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods in commerce. The Commissioner may accept as prime facie evidence that the mark has become distinctive, as applied to the applicant's goods in commerce, proof of substantially exclusive and continuous use thereof as a mark by the applicant in commerce for the ﬁve years next preceding the date of the ﬁling of the application for its registration.

SERVICE MARKS REGISTRABLE

SEC 3. Subject to the provisions relating to the registration of trade--marks, so far as they are applicable, service marks used in commerce shall be registrable, in the same manner and with the same effect as are trade--marks, and when registered they shall be entitled to the protection provided herein in the case of trade--marks, except when used so as to represent falsely that the owner thereof makes or sells the goods on which such mark is used. The Commissioner may establish a separate register for such service marks. Applications and procedure under this section shall conform as nearly as practicable to those prescribed for the registration of trade--marks.

[7]

COLLECTIVE AND CERTIFICATION MARKS REGISTRABLE

SEC 4. Subject to the provisions relating to the registration of trade--marks, so far as they are applicable collective and certiﬁcation marks, including indications of regional origin used in commerce, shall be registrable under this Act, in the same manner and with the same effect as are trade--marks, by persons, and nations, States, municipalities, and the like, exercising legitimate control over the use of the marks sought to be registered, even though not possessing an industrial or commercial establishment, and when registered they shall be entitled to the protection provided herein in the case of trade--marks, except when used so as to represent falsely that the owner or a user thereof makes or sells the goods or performs the services on or in connection with which such mark is used. The Commissioner may establish a separate register for such collective marks and certiﬁcation marks. Applications and procedure under this section shall conform as nearly as practicable to, those prescribed for the registration of trade--marks.

USE BY RELATED COMPANIES

SEC 5. Where a registered mark or a mark sought to be registered is or may be used by related companies, such use shall inure to the beneﬁt of the registrant or applicant for registration, and such use shall not affect the validity of

[8]

such mark or of its registration, provided such mark is not used in such manner as to deceive the public.

DISCLAIMERS

SEC 6. The Commissioner shall require unregistrable matter to be disclaimed, but such disclaimer shall not prejudice or affect the applicant's or owner's rights then existing or thereafter arising in the disclaimed matter, nor shall such disclaimer prejudice or affect the applicant's or owner's rights of registration on another application of later date if the disclaimed matter has become distinctive of the applicant's or owner's goods or services.

CERTIFICATES

SEC 7. (a) Certiﬁcates of registration of marks registered upon the principal register shall be issued in the name of the United States of America, under the seal of the Patent Office, and shall either be signed by the Commissioner or have his name printed thereon and attested by an assistant commissioner or by one of the law examiners duly designated by the Commissioner, and a record thereof, together with printed copies of the drawing and statement of the applicant, shall be kept in books for that purpose. The certiﬁcate shall reproduce the drawing of the mark, contain the statement of the applicant and state that the mark is registered on the principal register under this Act, the date of the ﬁrst use of the mark, the date of the ﬁrst use of the mark in commerce,

[9]

the particular goods or services for which it is registered, the number and date of the registration, the term thereof, the date on which the application for registration was received in the Patent Office, and any conditions and limitations that may be imposed in the grant of the registration.

(b) A certiﬁcate of registration of a mark upon the principal register provided by this Act shall be prima facie evidence of the validity of the registration, registrants, ownership of the mark, and of registrant’s exclusive right to use the mark in commerce in connection with the goods or services speciﬁed in the certiﬁcate, subject to any conditions and limitations stated therein.

(c) A certiﬁcate of registration of a mark may be issued to the assignee of the applicant, but the assignment must ﬁrst be recorded in the Patent Office. In case of change of ownership the Commissioner shall, at the request of the owner and upon a proper showing and the payment of the fee herein provided, issue to such assignee a new certiﬁcate of registration of the said mark in the name of such assignee, and for the unexpired part of the original period.

(d) At any time, upon application of the registrant and payment of the fee herein provided, the Commissioner may permit any registration in the Patent Office to be surrendered, canceled, or for good cause to be amended, and he may permit

[10]

any registered mark to be disclaimed in whole or in part: Provided. That the registration when so amended shall still contain registrable matter and the mark as amended shall still be registrable as a whole, and that such amendment or disclaimer does not involve such changes in the registration as to alter materially the character of the mark. The commissioner shall make appropriate entry upon the records of the Patent Ofﬁce and upon the certiﬁcate of registration or, if said certiﬁcate is lost or destroyed, upon a certiﬁed copy thereof.

(e) Copies of any records, books papers, or drawings belonging to the Patent Office relating to marks, and copies of certiﬁcates of registration, when authenticated by the seal of the Patent Office and certiﬁed by the Commissioner, or in his name by a chief of division duly designated by the Commissioner, shall be evidence in all cases wherein the originals would be evidence, and any person making application there for and paying the fee required by law shall have such copies.

(f) Whenever a material mistake in a registration, incurred through the fault of the Patent Office, is clearly disclosed by the records of the Office a certiﬁcate stating the fact and nature of such mistake, signed by the Commissioner and sealed with the seal of the Patent Office, shall be issued without charge and recorded and a printed copy thereof shall be attached to each printed copy of the registration certiﬁcate

[11]

and such corrected certiﬁcate shall thereafter have the same effect as if the same had been originally issued in such corrected form, or in the discretion of the Commissioner a new certiﬁcate of registration may be issued without charge. All certiﬁcates of correction heretofore issued in accordance with the rules of the Patent Office and the registrations to which they are attached shall have the same force and effect as if such certiﬁcates and their issue had been speciﬁcally authorized by statute.

(g) Whenever a mistake has been made in a registration and a showing has been made that such mistake occurred in good faith through the fault of the applicant, the Commissioner is authorized to issue a certiﬁcate of correction or, in his discretion, a new certiﬁcate upon the payment of the required fee: Provided. That the correction does not involve such changes in the registration as to require republication of the mark.

DURATION

SEC 8. (a) Each certiﬁcate of registration shall remain in force for twenty years: Provided. That the registration of any mark under the provisions of this Act shall be canceled by the Commissioner at the end of six years following its date, unless within one year next preceding the expiration of such six years the registrant shall ﬁle in the Patent Office an affidavit showing that said mark is still in use or showing

[12]

that its nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark. Special notice of the requirement for such affidavit shall be attached to each certiﬁcate of registration.

(b) Any registration published under the provisions of subsection (c) of section 12 of this Act shall be canceled by the Commissioner at the end of six years after the date of such publication unless within one year next preceding the expiration of such six years the registrant shall ﬁle in the Patent Office an afﬁdavit showing that said mark is still in use or showing that its nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark.

(c) The Commissioner shall notify any registrant who ﬁles either of the above--prescribed affidavits of his acceptance or refusal thereof and, if a refusal, the reasons therefor.

RENEWAL

SEC 9. Each registration may be renewed for periods of twenty years from the end of the expiring period upon the ﬁling of an application therefor accompanied by an affidavit by the registrant stating that the mark is still in use in commerce and the payment of the renewal fee required by this Act; and such application may be made at any time within six months before the expiration of the period for which the certiﬁcate of registration was issued or renewed, or it may

[13]

be made within three months after such expiration on payment of the additional fee herein provided. An applicant for renewal not domiciled in the United States shall be subject to and comply with the provisions of section 1 (d) hereof.

ASSIGNMENT

SEC 10. A registered mark or a mark for which application to register has been ﬁled shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark, and in any such assignment it shall not be necessary to include the goodwill of the business connected with the use of and symbolized by any other mark used in the business or by the name or style under which the business is conducted: Provided. That any assigned registration may be canceled at any time if the registered mark is being used by, or with the permission of, the assignee so as to misrepresent the source of the goods or services in connection with which the mark is used. Assignments shall be by instruments in writing duly executed. Acknowledgment shall be prima facie evidence of the execution of an assignment and when recorded in the Patent Office the record shall be prima facie evidence of execution. An assignment shall be void as against any subsequent purchaser for a valuable consideration without notice, unless it is re--

[14]

corded in the Patent Office within three months after the date thereof or prior to such subsequent purchase. The Commissioner shall keep a separate record of such assignments submitted to him for recording.

An assignee not domiciled in the United States shall be subject to and comply with the provisions of section 1 (d) hereof.

ACKNOWLEDGMENTS AND VERIFICATIONS

SEC 11. Acknowledgments and veriﬁcations required hereunder may be made before any person within the United States authorized by law to administer oaths, or, when made in a foreign country, before any diplomatic or consular officer of the United States or before any official authorized to administer oaths in the foreign country concerned whose authority shall be proved by a certiﬁcate of a diplomatic or consular office the United States, and shall be valid if they comply with the laws of the state or country where made.

PUBLICATION

SEC 12. (a) Upon the ﬁling of an application for registration and payment of the fee herein provided, the Commissioner shall refer the application to the examiner in charge of the registration of marks, who shall cause an examination to be made and: if on such examination it shall appear that the applicant is entitled to registration, the Commis--

[15]

sioner shall cause the mark to be published in the Official Gazette of the Patent Office.

(b) If the applicant is found not entitled to registration, the examiner shall advise the applicant thereof and of the reasons therefore. The applicant shall have a period of six months in which to reply or amend his application, which shall then be reexamined. This procedure may be repeated until (1) the examiner ﬁnally refuses registration of the mark or (2) the applicant fails for a period of six months to reply or amend or appeal, whereupon the application shall be deemed to have been abandoned, unless it can be shown to the satisfaction of the Commissioner that the delay in responding was unavoidable, whereupon such time may be extended.

(c) A registrant of a mark registered under the provisions of the Act of March 3, 1881, or the Act of February 20, 1905, may, at any time prior to the expiration of the registration thereof, upon the payment of the prescribed fee ﬁle with the Commissioner an affidavit setting forth those goods stated in the registration on which said mark is in use in commerce and that the registrant claims the beneﬁts of this Act for said mark. The Commissioner shall publish notice thereof with a reproduction of said mark in the Official Gazette, and notify the registrant of such publication and of

[16]

the requirement for the affidavit of use or nonuse as provided for in subsection (b) of section 8 of this Act.

OPPOSITION

SEC 13. Any person who believes that he would be damaged by the registration of a mark upon the principal register may, upon payment of the required fee, ﬁle a veriﬁed notice of opposition in the Patent Office, stating the grounds therefore, within thirty days after the publication under subsection (a) of section 12 of this Act of the mark sought to be registered. For good cause shown, the time for ﬁling notice of opposition may be extended by the Commissioner, who shall notify the applicant. An unveriﬁed opposition may be ﬁled by a duly authorized attorney, but such opposition shall be null and void unless veriﬁed by the opposer within a reasonable time after such ﬁling to be ﬁxed by the Commissioner.

CANCELATION

SEC 14. Any person who believes that he is or will be damaged by the registration of a mark on the principal register established by this Act, or under the Act of March 3, 1881, or the Act of February 20, 1905, may upon the payment of the prescribed fee apply to cancel said registration--

(a) within ﬁve years from the date of the registration of the mark under this Act; or

[17]

(b) within ﬁve years from the date of the publication under section 12 (c) hereof of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905; or

(c) at any time if the registered mark has been abandoned or its registration was obtained fraudulently or contrary to the provisions of subsections (a), (b), or (c) of section 2 of this Act for a registration hereunder, or contrary to similar prohibitory provisions of said prior Acts for a registration thereunder, or if the registered mark has been assigned and is being used by, or with the permission of, the assignee so as to misrepresent the source of the goods or services in connection with which the mark is used, or if the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, and has not been published under the provisions of subsection (c) of section 12 of this Act.

SEC 15. Except on a ground for which application to cancel may be ﬁled at any time under subsection (c) of section 14 of this Act, and except to the extent, if any, to which the use of a mark registered on the principal register infringes a valid right acquired under the law of any State or Territory by use of a mark or trade name continuing from

[18]

a date prior to the date of the publication under this Act of such registered mark, the right of the registrant to use such registered mark in commerce for the goods or services on or in connection with which such registered mark has been in continuous use for ﬁve consecutive years subsequent to the date of such registration and is still in use in commerce, shall be incontestable, provided:

(1) there has been no ﬁnal decision adverse to registrant's claim of ownership of such mark for such goods or services, or to registrant's right to register the same or to keep the same on the register, and

(2) there is no proceeding involving said rights pending in the Patent Office or in a court and not ﬁnally disposed of; and

(3) that an affidavit is ﬁled with the Commissioner within one year after the expiration of any such ﬁve--year period setting forth those goods or services stated in the registration on or in connection with which such mark has been in continuous use for such ﬁve consecutive years and is still in use in commerce, and the other matters speciﬁed in subsections (1) and (2) hereof.

Subject to the conditions above speciﬁed in this section, the incontestable right with reference to a mark registered under this Act shall apply to a mark registered under this Act of March 3, 1881, or the Act of

[19]

February 20, 1905, upon the ﬁling of the required affidavit with the Commissioner within one year after the expiration of any period of ﬁve consecutive year after the date of publication of a mark under the provisions of subsection (c) of section 12 of this Act.

The Commissioner shall notify any registrant who ﬁles the above prescribed affidavit of the ﬁling thereof.

INTERFERENCE

SEC. 16. Whenever application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive purchasers, the Commissioner may declare that an interference exists. No interference shall be declared between an application and the registration of a mark the right to the use of which has become incontestable.

SEC. 17. In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the Commissioner shall give notice to all parties and shall direct the examiner in charge of interferences to determine and decide the respective rights of registration.

SEC. 18. In such proceedings the Commissioner may

[20]

refuse to register the opposed mark, may cancel or restrict the registration of a registered mark, or may refuse to register any or all of several interfering marks, or may register the mark or marks for the person or persons entitled thereto, as the rights of the parties hereunder may be established in the proceedings: Provided. That

in the case of the registration of any mark based on concurrent use, the Commissioner shall determine and ﬁx the conditions and limitations provided for in subsection (d) of section 2 of this Act.

SEC 19. In all inter partes proceedings equitable principles of laches, estoppel, and acquiescence, where applicable may be considered and applied. The provisions of this section shall also govern proceedings heretofore begun in the Patent Office and not ﬁnally determined.

SEC 20. An appeal may be taken to the Commissioner in person from any ﬁnal decision of the examiner in charge of interferences or of the registration of marks upon the payment of the prescribed fees.

SEC 21. Any applicant for registration of a mark, party to an interference proceeding, party to an opposition proceeding, party to an application to register as a lawful concurrent user, party to a cancelation proceeding, or any registrant who has ﬁled an affidavit as provided in section 8, who is dissatisﬁed with the decision of the Commissioner may appeal to the United States Court of Customs and Patent

[21]

Appeals or may proceed under section 4915, Revised Statutes, as in the case of applicants for patents, under the same conditions, rules and procedure as are prescribed in the case of patent appeals or proceedings so far as they are applicable: Provided. That any party who is satisﬁed with the decision of the Commissioner shall, upon the ﬁling of an appeal to the Court of Customs and Patent Appeals by any dissatisﬁed party, have the right to elect to have all further proceedings under Revised Statutes, 4915, by election as provided in Revised Statutes, 4911.

REGISTRATION IS NOTICE

SEC. 22. Registration of a mark on the principal register provided by this Act or under the Act of March 3,1881, or the Act of February 20, 1905, shall be constructive notice of the registrant's claim of ownership thereof.

TITLE II----THE SUPPLEMENTAL REGISTER

SEC. 23. In addition to the principal register, the Commissioner shall keep a continuation of the register provided in paragraph (b) of section 1 of the Act of March 19, 1920, entitled ''An Act to give effect to certain provisions of the convention for the protection of trade--marks and commercial names, made and signed in the city of Buenos Aires, in the Argentine Republic, August 20, 1910, and for other purposes'', to be called the supplemental register. All marks capable of distinguishing applicant's goods or service

[22]

and not registrable on the principal register herein provided, except those declared to be unregistrable under paragraphs (a), (b), (c), and (d) of section 2 of this Act, which have been in lawful use in commerce by the proprietor thereof, upon or in connection with any goods or services for the year preceding the ﬁling of the application may be registered on the supplemental register upon the payment of the prescribed fee and compliance with the provision of section 1 so far as they are applicable.

Upon the ﬁling of an application for registration on the supplemental register and payment of the fee herein provided the Commissioner shall refer the application to the examiner in charge of the registration of marks, who shall cause an examination to be made and if on such examination it shall appear that the applicant is entitled to registration, the registration shall be granted. If the applicant is found not entitled to registration the provisions of subsection (b) of section 12 of this Act shall apply.

For the purposes of registration on the supplemental register, a mark may consist of any trade--mark, symbol, label, package, conﬁguration of goods, name, word, slogan, phrase, surname, geographical name, numeral, or device or any combination of any of the foregoing, but such mark must be capable of distinguishing the applicant's goods or services.

[23]

Upon a proper showing by the applicant that he has begun the lawful use of his mark in foreign commerce and that he requires domestic registration as a basis for foreign protection of his mark, the Commissioner may waive the requirement of a full year's use and may grant registration forthwith.

CANCELATION

SEC. 24. Marks for the supplemental register shall not be published for or be subject to opposition, but shall be published on registration in the Official Gazette of Patent Office. Whenever any person believes that he is or will be damaged by a registration of a mark on this register he may at any time apply to the Commissioner to cancel the registration thereof. The Commissioner shall refer such application to the examiner in charge of interferences, who shall give notice thereof to the registrant. If it is found after a hearing before the examiner that the registrant was not entitled to register the mark at the time of his application for registration thereof, or that the mark is not used by the registrant or has been abandoned, the registration shall be canceled by the Commissioner.

SEC. 25. The certiﬁcates of registration for marks registered on the supplemental register shall be conspicuously different from certiﬁcates issued for marks registered on the principal register.

[24]

GENERAL PROVISIONS

SEC. 26. The provisions of this Act shall govern so far as applicable applications for registration and registrations on the supplemental register as well as those on the principal register, but applications for and registrations on the supplemental register shall not be subject to or receive the advantages of sections 2 (e),2(f), 7(b), 12(a), 13 to 18, inclusive, 22, 33, and 42 of this Act.

SEC. 27. Registration of a mark on the supplemental register, or under the Act of March 19, 1920, shall not preclude registration by the registrant on the principal register established by this Act.

SEC. 28. Registration on the supplemental register or under the Act of March 19, 1920, shall not be ﬁled in the Department of the Treasury or be used to stop importations.

TITLE III----NOTICE OF REGISTRATION

SEC. 29. Notwithstanding the provisions of section 22 hereof, a registrant of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register established by this Act, shall give notice that his mark is registered by displaying with the mark as used the words ''Registered in U.S. Patent Office'' or ''Reg. U.S. Pat. Off.'' or the letter R enclosed within a circle, thus (R) and in any suit for infringement under this Act by such

[25]

a registrant failing so to mark goods bearing the registered mark, or by a registrant under the Act of March19, 1920, or by the registrant of a mark on the supplemental register provided by this Act no proﬁts and no damages shall be recovered under the provisions of this Act unless the defend, and had actual notice of the registration: Provided, however. That the foregoing requirement as to notice shall be deemed fulﬁlled in respect to a registered mark used in connection with goods or services of foreign origin if the mark as used is accompanied by the notice of registration used in the country of origin of the goods or services to denote registration there.

TITLE IV----CLASSIFICATION

SEC. 30. The Commissioner shall establish a classiﬁcation of goods and services, for convenience of Patent Ofﬁce administration, but not to limit or extend the applicant's rights. The applicant may register his mark in one application for any or all of the goods or services included in one class, upon or in connection with which he is actually using the mark. The Commissioner may issue a single certiﬁcate for one mark registered in a plurality of classes upon payment of a fee equaling the sum of the fees for each registration in each class.

[26]

TITLE V----FEES AND CHARGES

SEC. 31. The following fees shall be paid to the Patent Office under this Act:

On ﬁling each original application for registration of a mark in each class in either the principal or the supplemental register, $15; on ﬁling each application for renewal in each class, $15; and on ﬁling each application for renewal in each class after expiration of the registration, an additional fee of $5; on ﬁling notice of claim of beneﬁts of this Act for a mark to be published under section 12 (c) hereof, $5; on ﬁling notice of opposition or application for cancelation, $10; on appeal from an examiner in charge of the registration of marks to the Commissioner, $20; on appeal from an examiner in charge of interferences to the Commissioner,$20; for issuance of a new certiﬁcate of registration following change of ownership of a mark or correction of a registrant's mistake, $10; for certiﬁcate of correction of registrant's mistake, $10; for ﬁling in each class each application communicated to the United States from the International Bureau, Habana, $15; for ﬁling and transmitting application in each class to the International Bureau, Habana, including certiﬁcate, $10; for manuscript copies, for every one hundred words or fraction thereof, 10 cents; for comparing other copies, 5cents for every one hundred words or fraction thereof; for certifying in any case, additional, 75 cents; for

[27]

each additional registration or application which may be included under a single certiﬁcate, 25 cents additional; for ﬁling disclaimer, amendment, surrender, or cancelation after registration, $10. For abstracts of title: For the search, one hour or less, and certiﬁcate, $3; each additional hour or fraction thereof, $1.50;for each brief from the digest of assignments of two hundred words or less, 50 cents; each additional one hundred words or fraction thereof, 10 cents. For certiﬁcate that trade--mark has not been registered----search and certiﬁcate (for deposit in foreign countries only), $3. For title reports required for office use, $1. For a single printed copy of statement and drawing, 10 cents; if certiﬁed, for the grant, additional, 50 cents; for the certiﬁcate, 50 cents; if renewed, for copy of certiﬁcate of renewal, additional, 50 cents.

For photographic copies of records, per page, 20 cents; if certiﬁed, for the certiﬁcate, additional 50 cents. For photographic copies of drawings, per sheet, 20 cents. For recording every assignment or other paper no: exceeding six pages, $3; for each additional two pages or less, $1; for each additional registration or application included, or involved in one writing where more than one is so included or involved, additional,50 cents.

[28]

The Commissioner shall refund fees paid by mistake or in excess.

TITLE VI----REMEDIES

SEC. 32. (1) Any person who shall, in commerce, (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of any registered mark in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive purchasers as to the source or origin of such goods or services; or

(b) reproduce, counterfeit, copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale in commerce of such goods or services, shall be liable to a civil action by the registrant for any or all of the remedies hereinafter provided, except that under subsection (b) hereof the registrant shall not be entitled to recover proﬁts or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive purchasers.

(2) Notwithstanding any other provision of this Act, the remedies given to the owner of the right infringed shall be limited as follows: (a) Where an infringer is engaged solely in the business of printing the mark for others and establishes

[29]

that he was an innocent infringer the owner of the right infringed shall be entitled as against such infringer only to an injunction against future printing; (b) where the infringement complained of is contained in or is part of paid advertising matter in a newspaper, magazine, or other similar periodical the remedies of the owner of the right infringed as against the publisher or distribute of such newspaper, magazine, or other similar periodical shall be conﬁned to an injunction against the presentation of such advertising matter in future issues of such newspaper, magazine, or other similar periodical: Provided. That these limitations shall apply only to innocent infringers; (c) injunction relief shall not be available to the owner of the right infringed in respect of an issue of a newspaper, magazine, or other similar periodical containing infringing matter after the commencement or preparation of the engraving or composition work for the issue containing such infringing matter.

(3) If goods bearing a registered mark have been put on the market by or with the authority of the registrant of a registered mark or in any package or other container bearing said mark and a notice that the goods may be resold only unaltered or unrenovated or in the original package or container and said goods or any part thereof have, without the authority of the registrant, been transferred to another package or container or been in any way altered or renovated, any

[30]

person who shall, in commerce, make any use of or reference to said registered mark upon or in connection with the sale or advertising of such transferred or altered or renovated goods shall be liable to a civil action by the registrant for any or all of the remedies hereinafter provided.

SEC. 33. (a) Any certiﬁcate of registration issued under the Act of March 3, 1881, or the Act of February20, 1905, or of a mark registered on the principal register provided by this Act and owned by the plaintiff shall be admissible in evidence and shall be prima facie evidence of registrant's exclusive right to use the registered mark in commerce on the goods or services speciﬁed in the certiﬁcate subject to any conditions or limitations stated therein, but shall not preclude the defendant from proving any legal or equitable defense which would have been available to him if the plaintiff's mark had not been registered.

(b) If the right to use the registered mark has become incontestable under section 15 hereof, the certiﬁcate shall be conclusive evidence of the registrant's exclusive right to use the registered mark in commerce on or in connection with the goods or services speciﬁed in the certiﬁcate subject to any conditions or limitations stated therein except when one of the following defenses is established:

(1) That the registration or the incontestable right to use the mark was obtained fraudulently; or

[31]

(2) That the mark has been abandoned by the registrant; or

(3) That the registered mark has been assigned and is being used, by or with the permission of the assignee, so as to misrepresent the source of the goods or services in connection with which the mark is used; or

(4) That the use by the defendant of the name, term, or device charged to be an infringement is a use, otherwise than as a trade or service mark, of the defendant's individual name in his own business, or of the individual name of any--one in privity with the defendant, or of a term or device which is descriptive of and used fairly and in good faith only to describe to users the goods or services of the defendant, or their geographic origin; or

(5) That the mark whose use by the defendant is charged as an infringement was adopted without knowledge of the registrant's prior use and has been continuously used by the defendant or those in privity with him from a date prior to the publication of the registered mark under subsection (a) or (c) of section 12of this Act: Provided, however, That this defense shall apply only for the area in which such continuous prior use is proved.

SEC. 34. The several courts vested with jurisdiction of civil actions arising under this Act shall have power to grant injunctions, according to the principles of equity and upon

[32]

such terms as the court may deem reasonable, to prevent the violation of any right of the registrant of a mark registered in the Patent Office. Any such injunction may include a provision directing the defendant to ﬁle with the court and serve on the plaintiff within thirty days after the service on the defendant of such injunction, or such extended period as the court may direct, a report in writing under oath setting forth in detail the manner and form in which the defendant has complied with the injunction. Any such injunction granted upon hearing, after notice to the defendant, by any district court of the United States, may be served on the parties against whom such injunction is granted anywhere in the United States where they may be found, and shall be operative and may be enforced by proceedings to punish for contempt, or otherwise, by the court by which such injunction was granted, or by any other United States district court in whose jurisdiction the defendant may be found.

The said courts shall have jurisdiction to enforce said injunction, as herein provided, as fully as if the injunction had been granted by the district court in which it is sought to be enforced. The clerk of the court or judge granting the injunction shall, when required to do so by the court before which application to enforce said injunction is made, transfer without delay to said court a certiﬁed copy of all papers on ﬁle in his office upon which said injunction was granted.

[33]

It shall be the duty of the clerks of such courts within one month after the ﬁling of any action, suit, or proceeding arising under the provisions of this Act to give notice thereof in writing to the Commissioner setting forth in order so far as known the names and addresses of the litigants and the designating number or numbers of the registration or registrations upon which the action, suit, or proceeding has been brought, and in the event any other registration be subsequently included in the action, suit, or proceeding by amendment, answer, or other pleading, the clerk shall give like notice thereof to the Commissioner, and within one month after the decision is rendered, appeal taken or a decree issued the clerk of the court shall give notice thereof to the Commissioner, and it shall be the duty of the Commissioner on receipt of such notice forthwith to endorse the same upon the ﬁle wrapper of the said registration or registrations and to incorporate the same as a part of the contents of said ﬁle wrapper; and for each notice required and furnished to the Commissioner incompliance herewith a fee of 50 cents shall be taxed by the clerk as costs of suit.

SEC. 35. Whenever the plaintiff shall have established his right to relief in any civil action arising under this Act, he shall be entitled (subject to the provisions of section 29) to recover (1) defendant's proﬁts, (2) any damages sustained by the plaintiff, and (3) the costs of the action. The

[34]

court shall assess such proﬁts and damages or cause the same to be assessed under its direction. In assessing proﬁts the plaintiff shall be required to prove defendant's sales only; defendant must prove all elements of cost or deduction claimed. In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. If the court shall ﬁnd that the amount of the recovery based on proﬁts is either made--quate or excessive the court may in its discretion enter judgment for such sum as the court shall ﬁnd to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty.

SEC. 36. In any action arising under this Act, in which the plaintiff shall have established his right to relief, the court may order that all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the possession of the defendant, bearing the mark of the plaintiff or any reproduction, counterfeit copy, or colorable imitation thereof, and all plates, molds, matrices, and other means of making the same, shall be delivered up and destroyed.

SEC. 37. In any action involving a registered mark the court may determine the right to registration, order the cancelation of registrations, in whole or in part, restore canceled

[35]

registrations, and otherwise rectify the register with respect to the registrations of any party to the action. Decrees and orders shall be certiﬁed by the court to the Commissioner, who shall make appropriate entry upon the records of the Patent Office, and shall be controlled thereby.

SEC. 38. Any person who shall procure registration in the Patent 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.

SEC. 39. The district and territorial courts of the United States shall have original jurisdiction, the circuit courts of appeal of the United States and the United States Court of Appeals of the District of Columbia shall have appellate jurisdiction, of all actions arising under this Act, without regard to the amount in controversy or to diversity or lack of diversity of the citizenship of the parties.

SEC. 40. Writs of certiorari may be granted by the Supreme Court of the United States for the review of cases arising under this Act in the same manner as provided for in cases under the patent laws.

SEC. 41. The Commissioner shall make rules and regulations, not inconsistent with law, for the conduct of proceedings in the Patent Office under this Act.

[36]

TITLE VII----IMPORTATION FORBIDDEN OF GOODS BEARING INFRINGING MARKS OR NAMES

SEC 42. (a) Any goods, whatever may be their source or origin, which shall bear any mark registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register provided by this Act, or any infringement of a mark so registered shall not be imported into the United States or admitted to entry at any custom--house of the United States unless the written consent of the registrant to such importation or entry be ﬁrst had and obtained or unless such offending mark be removed or obliterated; and if brought into the United States in violation of the provisions of this section, any person selling, offering for sale, or dealing in such goods shall be subject, at the suit of the registrant, to the liabilities for infringement provided in this Act and, in addition, be required to export or destroy such goods or to remove or obliterate such infringing mark therefrom, and such goods shall be subject to seizure and forfeiture for violation of the customs laws: Provided. That in order to aid the officers of customs in enforcing this paragraph, the registrant of the mark shall deposit in the Department of the Treasury a facsimile of the registration certiﬁcate, under such regulations as the Secretary of the Treasury shall prescribe.

(b) Any goods, whatever may be their source of origin,

[37]

which shall bear the trade or commercial name or a simulation thereof of any domestic manufacturer or trader, or of any manufacturer or trader located in any foreign country which by treaty, convention, or law affords similar privileges to citizens of the United States, shall not be imported into the United States or admitted to entry at any customhouse of the United States unless the written consent of such manufacturer or trader to such importation or entry be ﬁrst had and obtained, or unless such offending name be removed or obliterated, and if brought into the United States in violation of the provisions of this section, any person may be enjoined from selling, offering for sale, dealing in, or advertising such goods and in addition be required to export or destroy such goods or to remove or obliterate such name therefrom, and the goods shall be subject to seizure and forfeiture for violation of the customs laws: Provided. That in order to aid the officers of customs in enforcing this paragraph, such domestic or foreign manufacturer or trader shall deposit in the Department of the Treasury a facsimile of his trade or commercial name, under such regulations as the Secretary of the Treasury shall prescribe.

(c) The owner, importer, or consignee or goods refused entry or seized under paragraph (a) or (b) of this section may have relief against the registrant, manufacturer, or trader by a summary proceeding in any United States

[38]

court of original jurisdiction, in the district where such goods are held or where such registrant, manufacturer, or trader or a designated representative is an inhabitant or may be found, or, if the registrant is a foreigner and no designation of a representative has been ﬁled, then in the District of Columbia, and after such notice and upon such proceedings as the court may direct the court may determine whether the plaintiff for any reason has the right to import such goods under the trade or commercial name or mark which they bear.

(d) A decree or order of such court for the plaintiff, upon being certiﬁed to the collector of the port where the goods are held, shall be warrant to such collector to release the goods from arrest or seizure or forfeiture under this section.

(e) An order or decree for either party, whether interlocutory or ﬁnal, shall be appealable within thirty days, and the court making such order or decree may, in its discretion, suspend the operation thereof pending appeal.

TITLE VIII----FALSE DESIGNATIONS OF ORIGIN AND FALSE DESCRIPTIONS FORBIDDEN

SEC. 43. (a) Any person who shall affix, apply, or annex or use in connection with any goods or services, or any container or containers for goods, a false designation of origin, or any false description or representation, including words or

[39]

other symbols tending falsely to describe or represent the same, and shall cause such goods or services to enter into commerce, and any person who shall with knowledge of the falsity of such designation of origin or description or representation cause or procure the same to be transported or used in commerce or deliver the same to any carrier to be transported or used, shall be liable to a civil action by any person doing business in the locality falsely indicated as that of origin or in the region in which said locality is situated, or by any person who believes that he is or is likely to be damaged by the use of any such false description or representation

(b) Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, importer, or consignee of goods refused entry at any customhouse under this section may have any recourse by protestor appeal that is given under the customs revenue laws or may have the remedy given by this Act in cases involving goods refused entry or seized.

TITLE IX----INTERNATIONAL CONVENTIONS

SEC. 44. (a) The Commissioner shall keep a register of all marks communicated to him by the international bureaus provided for by the Conventions for the Protection of Industrial Property, trade--marks, trade and commercial names,

[40]

and the repression of unfair competition to which the United States is or may become a party, and upon the payment of the fees required by such conventions and the fees herein prescribed may place the marks so communicated upon such register. This register shall show a facsimile of the mark or trade or commercial name; the name, citizenship, and address of the registrant; the number, date, and place of the ﬁrst registration of the mark, including the dates on which application for such registration was ﬁled and granted and the term of such registration; a list of goods or services to which the mark is applied as shown by the registration in the country of origin, and such other data as may be useful concerning the mark. This register shall be a continuation of the register provided in section (a) of the Act of March 19, 1920.

(b) Persons who are nationals of, domiciled in, or have a bona ﬁde and effective business or commercial establishment in any foreign country, which is a party to (1) the International Convention for the Protection of Industrial Property, signed at Paris on March 20, 1883; or (2) the General Inter--American Convention for Trade Mark and Commercial Protection signed at Washington on February 20, 1929; or (3) any other convention or treaty relating to trade--marks, trade or commercial names, or the repression of unfair competition to which the United States is a party, shall

[41]

be entitled to the beneﬁts and subject to the provisions of this Act to the extent and under the conditions essential to give effect to any such conventions and treaties so long as the United States shall continue to be a party thereto, except as provided in the following paragraphs of this section.

(c) No registration of a mark in the United States by a person described in paragraph (b) of this section shall be perfected until such mark has been registered in the country of origin of the applicant, when such country makes the same requirement of nationals or residents of the United States unless the applicant alleges use in commerce.

For the purposes of this section, the country of origin of the applicant is the country in which he has a bona ﬁde and effective industrial or commercial establishment and, in the case of associations, the country in which the association has its domicile or its principal office.

(d) An application for registration of a mark under sections 1, 2, 3, 4, or 23 of this Act ﬁled by a person described in paragraph (b) of this section who has previously duly ﬁled an application for registration of the same mark in one of the countries described in paragraph (b) shall be accorded the same force and effect as would be accorded to the same application if ﬁled in the United States on the same date on which the application was ﬁrst ﬁled in such foreign country: Provided. That--

[42]

(1) the application in the United States is ﬁled within six months from the date on which the application was ﬁrst ﬁled in the foreign country;

(2) the application conforms as nearly as practicable to the requirements of this Act, but use in commerce need not be alleged;

(3) the rights acquired by third parties before the date of the ﬁling of the ﬁrst application in the foreign country shall in no way be affected by a registration obtained on an application ﬁled under this subsection (d);

(4) nothing in this subsection (d) shall entitle the foreign applicant to sue for infringement of his mark prior to the date on which his mark was registered in this country unless the registration is based on use in commerce.

(e) A mark duly registered in the country of origin of the foreign applicant may be registered on the principal register if eligible, otherwise on the supplemental register herein provided. The application therefore shall be accompanied by a certiﬁed copy of the application for or registration in the country of origin of the applicant.

(f) The registration of a mark under the provisions of paragraphs (c), (d), and (e) of this section by a person described in paragraph (b) shall be independent of the regis--

[43]

tration in the country of origin and the duration, validity, or transfer in the United States of such registration shall be governed by the provisions of this Act.

(g) Trade names or commercial names of persons described in paragraph (b) of this section shall be protected without the obligation of ﬁling or registration whether or not they form parts of marks.

(h) Any person designated in paragraph (b) of this section as entitled to the beneﬁts and subject to the provisions of this Act shall be entitled to effective protection against unfair competition, and the remedies

provided herein against infringement of trade--marks shall be available so far as they may be appropriate in repressing acts of unfair competition.

(i) Citizens or residents of the United States shall have the same beneﬁts as are granted by this section to persons described in paragraph (b) hereof.

TITLE X----CONSTRUCTION AND DEFINITIONS

SEC. 45. In the construction of this Act, unless the contrary is plainly apparent from the context-- The United States includes and embraces all territory which is under its jurisdiction and control. The word ''commerce'' means all commerce which may lawfully be regulated by Congress. The term ''principal register'' refers to the register pro--

[44]

vided for by sections 1 to 22 hereof, and the term ''supplemental register'' refers to the register provided for by sections 23 to 28 hereof.

The term ''person'' and any other word or term used to designate the applicant or other entitled to a beneﬁt or privilege or rendered liable under the provisions of this Act includes a juristic person as well as a natural person. The term ''juristic person'' includes a ﬁrm, corporation, union, association, or other organization capable of suing and being sued in a court of law.

The terms ''applicant'' and ''registrant'' embrace the legal representatives and successors and assigns of such applicant or registrant.

The term ''Commissioner'' means the Commissioner of Patents.

The term ''related company'' means any person who controls or is controlled by the registrant or applicant for registration in respect to the nature and quality of the goods or services in connection with which the mark is used.

The terms ''trade name'' and ''commercial name'' include individual names and surnames, ﬁrm names and trade names used by manufacturers, industrialists, merchants, agriculturists, and others to identify their businesses, vocations, or occupations; the names or titles lawfully adopted and used by persons, ﬁrms, associations, corporations, companies,

[45]

unions, and any manufacturing, industrial, commercial agricultural, or other organizations engaged in trade or commerce and capable of suing and being sued in a court of law.

The term ''trade--mark'' includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by other.

The term ''service mark'' means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising used in commerce.

Each of the terms ''collective mark'' or ''certiﬁcation mark'' means a mark used upon or in connection with the products or services of one or more persons other than the owner of the mark to certify or indicate regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such goods or services or to indicate a membership in an association or other organization or that the work or labor on the goods or services was performed by members of a union or other organization.

The term ''mark'' includes any trade--mark, service mark, collective mark, or certiﬁcation mark entitled to registration under this Act whether registered or not.

[46]

For the purposes of this Act a mark shall be deemed to be used in commerce (a) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto and the goods are sold or transported in commerce and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce.

A mark shall be deemed to be ''abandoned''--

(a) When its use has been discontinued with intent not to resume. Intent not to resume may be inferred from circumstances. Discontinuance of use for two consecutive years shall be prima facie abandonment.

(b) When any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to lose its signiﬁcance as an indication of origin.

The term ''colorable imitation'' includes any mark which so resembles a registered mark as to be likely to cause confusion or mistake or to deceive purchasers.

The term ''registered mark'' means a mark registered in the United States Patent Office under this Act or under the Act of March 3, 1881, or the Act of February 20, 1905, or the Act of March 19, 1920. The phrase ''marks registered in the Patent Office'' means registered marks.

The term ''Act of March 3, 1881'', ''Act of February 20,

[47]

1905'', or ''Act of March 19, 1920'', means the respective Act as amended.

A ''counterfeit'' is a spurious mark which is identical with, or substantially indistinguishable from, a registered mark.

Words used in the singular include the plural and vice versa.

The intent of this Act is to regulate commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce, to protect registered marks used in such commerce from interference by State, or Territorial legislation; to protect persons engaged in such commerce against unfair competition; to prevent fraud and deception in such commerce by the use of reproductions, copies, counterfeits, or colorable imitations of registered marks; and to provide rights and remedies stipulated by treaties and conventions respecting trade--marks, trade names, and unfair competition entered into between the United States and foreign nations.

TITLE XI----REPEAL OF PREVIOUS ACTS

SEC. 46(a) This Act shall be in force and take effect one year from its enactment, but except as otherwise herein speciﬁcally provided shall not affect any suit, proceeding, or appeal then pending. All Acts and parts of Acts inconsistent herewith are hereby repealed effective one year

[48]

from the enactment hereof, including the following Acts insofar as they are inconsistent herewith: The Act of Congress approved March 3, 1881, entitled ''An Act to authorize the registration of trade--marks and protect the same''; the Act approved August 5, 1882, entitled ''An Act relating to the registration of trade--marks''; the Act of February 20, 1905 (U. S. C., title 15, sees. 81 to 109, inclusive), entitled ''An Act to authorize the registration of trade--marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same'', and the amendments thereto by the Acts of May 4, 1906 (U. S. C., title 15,secs. 131 and 132; 34 Stat. 169), March 2, 1907 (34 Stat. 1251, 1252), February 18, 1909 (35 Stat. 627, 628);February 18, 1911 (36 Stat. 918), January 8, 1913 (37 Stat. 649), June 7, 1924 (43 Stat. 647), March 4, 1925(43 Stat. 1268, 1269), April 11, 1930 (46 Stat. 155); Act June 10, 1938 (Public, Numbered 586, Seventy--ﬁfth Congress, ch. 332, third session); the Act of March 19, 1920 (U. S. C., title 15, secs. 121 to 128, inclusive),entitled ''An Act to give effect to certain provisions of the convention for the protection of trade--marks and commercial names made and signed in the city of Buenos Aires, in the Argentine Republic, August 20, 1910,and for other purposes''; and the amendments thereto, including Act June 10, 1938 (Public, Numbered 586,Seventy--ﬁfth Congress, ch. 332, third ses--

[49]

sion); and section 526 of the Tariff Act of 1930 (U. S. C., title 19, sec. 1526), provided that this repeal shall not affect the validity of registrations granted or applied for under any of said Acts prior to the effective date of this Act, or rights or remedies thereunder except: as provided in sections 8, 12, 14, 15, and 47 of this Act; but nothing contained in this Act shall be construed as limiting or restricting any statute in force on the effective date of this Act which does not relate to trade--marks, or as restricting or increasing the authority of any Federal regulatory agency except as may be speciﬁcally provided in this Act.

(b) Registrations now existing under the Act of March 3, 1881, or the Act of February 20, 1905, shall continue in full force and effect for the unexpired terms thereof and may be renewed under the provisions of section 9 of this Act. Such registrations and the renewals thereof shall be subject to and shall be entitled to the beneﬁts of the provisions of this Act to the same extent and with the same force and effect as though registered on the principal register established by this Act except as limited in sections 8, 12, 14, and 15of this Act, Marks registered under the ''ten--year proviso'' of Section 5 of the Act of February 20, 1905, as amended, shall be deemed to have become distinctive of the registrant's goods in commerce under paragraph

(f) of sec-

[50]

tion 2 of this Act and may be renewed under section 9 hereof as marks coming within said paragraph.

Registrations now existing under the Act of March 19, 1920, shall expire six months after the effective date of this Act, or twenty years from the dates of their registrations, whichever date is later. Such registrations shall be subject to and entitled to the beneﬁts of the provisions of this Act relating to marks registered on the supplemental register established by this Act, and may not be renewed unless renewal is required to support foreign registrations. In that event renewal may be effected on the supplemental register under the provisions of section 9 of this Act.

Marks registered under previous Acts may, if eligible, also be registered under this Act.

SEC. 47. (a) All applications for registration pending in the Office of the Commissioner at the effective date of this Act may be amended, if practicable, to bring them under the provisions of this Act. The prosecution of such applications so amended and the grant of registrations thereon shall be proceeded within accordance with the provisions of this Act. If such amendments are not made, the prosecution of said applications shall be proceeded with and registrations thereof granted in accordance with the Acts under which said applications were ﬁled, and said Acts are hereby continued in

[51]

force to this extent and for this purpose only, notwithstanding the foregoing general repeal thereof.

(b) In any case in which an appeal is pending before the United States Court of Customs and Patent Appeals or any United States Circuit Court of Appeals or the United States Court of Appeals of the District of Columbia or the United States Supreme Court at the effective date of this Act, the court, if it be of the opinion that the provisions of this Act are applicable to the subject matter of the appeal, may apply such provision or may remand the case to the Commissioner or to the district court for the taking of additional evidence or anew trial or for reconsideration of the decision on the record as made, as the appellate court may deem proper.

SEC. 48. Section 4 of the Act of January 5, 1905 (U. S. C., title 36, sec. 4), as amended, entitled ''An Act to incorporate the National Red Cross'', and section 7 of the Act of June 15, 1916 (U. S. C., title 36, sec. 27),entitled ''An Act to incorporate the Boy Scouts of America, and for other purposes'', and the Act of June 20,1936 (U. S. C., title 22, sec. 248), entitled ''An Act to prohibit the commercial use of the coat of arms of the Swiss Confederation'', are not repealed or affected by this Act.

SEC. 49. Nothing herein shall adversely affect the rights

or the enforcement of rights in marks acquired in good faith prior to the effective date of this Act.

SEC. 50. If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of the Act shall not be affected thereby.