A BILL

To clarify the circumstances under which a trademark may be canceled or abandoned.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That this Act may be cited as the ''Trade--Mark Clarification Act of 1983''.

SEC. 2. Section 14(c) of the Lanham Trade--Mark Act (15 U.S.C. 1064 (c)) is amended by adding before the semicolon at the end of such section the following'', except that a registered mark shall not be deemed to be the common descriptive name of goods or services merely because such mark is also used as a proper name of or to identify a unique product or service. The primary significance of the registered mark to the purchasing public rather than purchaser motivation shall be the test for determining whether the registered mark has become the common descriptive name of goods or services in connection with which it has been used''.

SEC. 3. Section 45 of the Lanham Trade--Mark Act (15 U.S.C. 1127) is amended as follows:

(a) Strike out ''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 others.'' and insert in lieu thereof the following: ''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 and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, albeit anonymous.''

(b) Strike out ''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 insert in lieu thereof the following: ''The term 'service mark' means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, albeit anonymous.''

(c) Add at the end of subparagraph (b) in the definition of ''Abandonment of mark'' the following new sentence: ''The primary significance of the mark to the purchasing public rather than purchaser motivation shall be the test for determining abandonment under this subparagraph.''

Calendar No. 1213

98TH CONGRESS 2d Session

SENATE REPORT 98-627

THE TRADEMARK CLARIFICATION ACT OF 1984 SEPTEMBER 20 (legislative day, SEPTEMBER 17), 1984.--Ordered to be printed Page 54

Mr. THURMOND, from the Committee on the Judiciary, submitted the following