SERVICE AND CERTIFICATION MARKS REGISTRABLE

SEC. 3. Subject to the same provisions relating to the registration of trademarks, so far as they may be applicable, service and certification marks used in commerce shall be registrable, in the same manner and with the same effect, and when registered they shall be entitled to the protection provided herein in the case of trade-marks. The Commissioner may establish a separate register for such service and certification marks. Applications and procedure under this section may conform as nearly as practicable to those prescribed for the registration of trade-marks.

COLLECTIVE AND ASSOCIATION MARKS REGISTRABLE

SEC. 4. Subject to the provisions relating to the registration of trade-marks, so far as they may be applicable collective marks, including indications of regional origin, used by natural or juristic persons, and nations, States, municipalities, and the like, exercising legitimate control over the use of the mark sought to be registered, even though not possessing an industrial or commercial establishment, shall be registrable under this Act in the same manner and with the same effect, and when registered they shall be entitled to the protection provided herein in the case of trade-marks.

USE BY RELATED COMPANIES

SEC. 5. Where the registered mark or the mark sought to be registered is or may be used by subsidiary or related companies, or by the members of an association, such use shall be deemed exclusive in the holding, parent, or related company or in the association; and use of registered marks by companies subsidiary or related to the registrant or by the members of an association, shall not affect the validity of such mark or of its registration. Such mark shall not be used in such manner as to deceive the public.

DISCLAIMERS

SEC. 6. The Commissioner may 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 right of registration on another application of later date if the disclaimed matter has become distinctive of the applicant's goods.

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 state the date on which the application for registration was received in the Patent Office. (b) The certificate of registration of a mark upon the principal register provided by this Act shall be prima facie evidence of the validity of the mark and of registrant's exclusive right to use the same in commerce.

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

(d) The Commissioner, upon application of the registrant, may permit any registration under this or any previous Act to be canceled or for good cause to be amended or disclaimed in whole or in part, at any time upon payment of the required fee: Provided, That the Commissioner shall determine that when so amended it shall still contain registerable matter and not require republication, and 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, 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 therefor and paying the fee required by law shall have such copies.

(f) Whenever a 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, may be issued, without charge, and recorded and a printed copy thereof attached to each printed copy of the registration, and such certficate shall thereafter be considered as part of the original, and every registration, together with such certificate, shall have the same effect and operation in law on the trial of all actions or causes thereafter arising as if the same had been originally issued in such corrected form. All such certificates 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 certicates and their issue had been specifically authorized by statute.

(g) Whenever a mistake has been made in a registration certificate 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 upon the payment of the required fee, provided the Commissioner shall determine that the correction is not such as to necessitate republication of the mark.

DURATION

SEC. 8. 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 at the end of five years following its date, unless within three months next preceding the expiration of such five years the registrant shall file in the Patent Office an affidavit in such form as may be prescribed by the Commissioner stating that said mark is still in use. If, however, nonuse is due to special circumstances and not to any intention not to use or to abandon such mark, the affidavit shall so state, in which case the registration shall not be canceled because of such nonuse. Forms for such affidavits shall be attached to each certificate of registration.

RENEWAL

SEC. 9. On application of the registrant, certificates of registration may be renewed for like periods of twenty years from the end of the expiring period on payment of the renewal fees required by this Act if the registered mark is still in use; 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 may be made within three months after such expiration on payment of an additional fee as herein provided.

If the applicant for renewal 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, in the same way as provided in subsection (d) of section 1 of this Act.

ASSIGNMENT

SEC. 10. A registered mark or a mark for which application has been filed shall be assignable upon such terms and conditions as the parties may agree. Assignments shall be by instruments in writing duly executed. Acknowledgment shall be prima facie evidence of the execution of the 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 recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase. The Commissioner shall keep a record of assignments.

If the assignee 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 pro

ceedings affecting the mark, in the same way as provided in subsection (d) of section 1 of this Act.

SEC. 11. Any acknowledgment or verification shall be valid if it complies with the laws of the State or country where it is made.

PUBLICATION

SEC. 12. Upon the filing of an application for registration and payment of the fees herein provided, the Commissioner shall cause an examination to be made and, if on such examination it shall appear that the applicant is entitled to registration, the Commissioner shall cause the mark to be published at least once in the Official Gazette of the Patent Office.

OPPOSITION

SEC. 13. Any person who would be damaged by the registration of a mark may, upon payment of the required fee, file a verified notice of opposition in the Patent Office stating the grounds therefor within thirty days after the publication in the Official Gazette of the mark sought to be registered. For good cause shown, the time for filing notice of opposition may be extended by the Commissioner. 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. Whenever any person is damaged by the registration of a mark under this Act, he may, within ten years from the date of such registration, apply to cancel the registration thereof. If a registered mark has been abandoned or its registration was obtained fraudulently, or contrary to the provisions of section 2, subsections (a), (b), or (c) hereof, application for its cancelation may be made at any time. In the case of marks registered under the Acts of February 20, 1905, and March 3, 1881, the ten-year period shall begin from the effective date of this Act.

SEO. 15. After the period for the cancelation of the registration of a trade-mark has expired, the right of the registrant to use his mark as theretofore used in commerce shall be incontestable.

INTERFERENCE

SEC. 16. Whenever application is made for the registration of a mark which in the opinion of the Commissioner 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 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 a mark the right to use of which has become incontestable.

SEC. 17. If, after due proceedings, it shall appear that there has been in commerce an honest concurrent use of the same or similar marks for the same or similar goods or services for a continuous period of more than five years immediately preceding the date of a pending application by one of such users for the registration of one of such marks, without protest by any other such user within said period, the Commissioner, or on appeal the United States Court of Customs and Patent Appeals, or the court in an action begun under the provisions of section 4915, Revised Statutes, may grant more than one registration of such marks, subject to such conditions and limitations, if any, as to mode or place of use of such marks as the Commissioner or said courts, or either of them, may require in order to minimize the probability of confusion arising from the concurrent use of such marks.

The provisions of this section shall also govern cases heretofore begun in the Patent Office, and not finally determined, where the provisions thereof may be applicable.

In any case in which an appeal is pending before the United States Court of Customs and Patent Appeals at the date of the enactment of this Act, the said court, if it be of the opinion that the provisions of this section may be applicable to the subject matter of the appeal, may remand the case to the Commissioner

for the taking of additional evidence or for reconsideration of his decision on the record as made, as the court may deem proper.

In any case in which an appeal is pending before the United States Court of Appeals for the District of Columbia at the time of the enactment of this Act, the said court, if it be of the opinion that the provisions of this section may be applicable to the subject matter of the appeal, may remand the case to the District Court for the District of Columbia for a new trial or for reconsideration of its decision on the record as made, as the appellate court may deem proper.

SEC. 18. In every case of interference, opposition to registration, application to register as an honest 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 the right of registration. SEC. 19. The Commissioner may refuse to register the opposed mark, may cancel the registration of a registered mark, or may refuse to register any or all of several interfering marks, or may register the mark for the person or persons entitled thereto, as the rights of the parties may be established in the proceedings.

(a) In all inter partes proceedings the doctrine of laches and acquiescence, where applicable, shall be considered and applied. The provisions of this section shall also govern cases heretofore begun in the Patent Office and not finally determined, and the provisions of section 17 respecting remands shall be applicable to this section.

SEC. 20. Appeal may be taken to the Commissioner in person from the final decision of the examiner of interferences. Appeals may also be taken to the Commissioner in person from all final decisions of the examiner in charge of trade-marks.

SEC. 21. If an applicant for registration of a mark, or a party to an interference as to a mark, or party who has filed opposition to the registration of a mark, or a party to an application to register as an honest concurrent user, or party to an application for the cancelation of the registration of a mark, is dissatisfied with the decision of the Commissioner of Patents, he may appeal to the United States Court of Customs and Patent Appeals on complying with the conditions required in case of an appeal from the decision of the Board of Appeals by an applicant for a patent or a party to an interference as to an invention, and the same rules of practice and procedure shall govern in every stage of such proceedings as far as may be applicable. The provisions of section 4915 of the Revised Statutes shall annly in trade-mark cases. The same right of review as provided in said section 4915 shall be accorded to all parties to interference opposition and cancelation proceedings.

REGISTRATION IS NOTICE

SEC. 22. Registration of a mark under this Act and the Acts of March 3, 1881, February 20, 1905, and March 19, 1920, is 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 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 bona fide use for not less than one year in commerce by the proprietor thereof, upon or in connection with any goods of such proprietor, may be registered on the supplemental register upon payment of the filing fee to the Commissioner of Patents and compliance with such formalities as the said Commissioner may require: Provided. That a mark which so resembles a known mark owned and used in commerce by another, as to be likely, when applied to the goods of the applicant, to cause confusion or mistake or to deceive purchasers, shall not be placed on this register: And provided further, That where the mark so to be registered is or may be used by subsidiary or related companies or by members of an association, such use shall be deemed exclusive in the holding or parent company or in the association, for the purposes of the application and for all other purposes; and

use of registered marks by companies subsidiary or related to the registrant or by the members of an association shall not affect the validity of such trade-mark or of its registration.

For the purposes of this register a mark may include a trade-mark, symbol, label, package, configuration of goods, name, word, slogan, or phrase, but such mark must be capable of distinguishing the applicant's goods.

Collective marks, including indications of regional origin, used by natural or juristic persons, and nations, States, municipalities, and the like, exercising legitimate control over the use of the mark sought to be registered, even though not possessing an industrial or commercial establishment, shall be registrable under this section: Provided further, That upon a proper showing by the applicant that he has begun the bona fide 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. Appeal may be had to the Commissioner from a refusal of the Examiner of Trade-Marks to register a mark on the supplemental register, but the decision of the Commissioner shall not be appealable.

CANCELATION

SEC. 24. Marks for the supplemental register shall not be published for or be subject to opposition, but shall be published on registration. Whenever any person shall deem himself injured by the inclusion of a mark on this register he may at any time apply to the Commissioner of Patents to cancel the registration thereof. The Commissioner shall refer such application to the examiner in charge of interferences, who is empowered to hear and determine this question, and who shall give notice thereof to the registrant. If it appear after a hearing before the examiner that the registrant was not entitled to register the mark at the date of his application for registration thereof, or that the mark is not used by the registrant or has been abandoned, and the examiner shall so decide, the Commissioner shall cancel the registration. Appeal may be taken to the Commissioner in person from the decision of the examiner in charge of interferences, but the decision of the Commissioner shall not be appealable.

DURATION AND RENEWAL

SEC. 25. Registrations on the supplemental register shall remain in force for twenty years: Provided, That the registration of any mark on the supplemental register shall be canceled at the end of five years following its date, unless within three months next preceding the expiration of such five years the registrant shall file in the Patent Office an affidavit in such form as may be prescribed by the Commissioner stating that said mark is still in use. If, however, nonuse is due to special circumstances and not to any intention not to use or to abandon such trade-mark, the affidavit shall so state, in which case the registration shall not be canceled because of such nonuse. Forms for such affidavits shall be attached to each certificate of registration. Registrations on the supplemental register may be renewed as provided in section 9 of this Act.

GENERAL PROVISIONS

SEC. 26. The provisions of paragraphs (a), (c), (e), (f), and (g) of section 7, the provisions of section 10, and the provisions of sections 11 and 22 of this Act, are hereby made applicable to regist.ations on the supplemental register.

SEC. 27. Registration on the supplemental register, or under the Act of March 19, 1920, or expiration under section 25 hereof, shall not preclude registration by 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. The certificates of registration for marks registered on the supplemental register shall be conspicuously different in appearance from certificates issued for marks registered on the principal register.

TITLE III-NOTICE OF REGISTRATION

SEC. 29. It shall be the duty of the registrant to accompany a mark registered under the Act of February 20, 1905, or under section 1 (b) of the Act of March 19, 1920, or under this Act, with the words "Registered in U. S. Patent Office"