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The act of September 26, 1914, known as the Federal Trade Commission Act, as amended, is classified to sections 41-46 and 47-58 of this title.
AMENDMENTS 1947-Act July 25, 1947, changed the date in this section from Jan. 1, 1948, to June 30, 1948.
§ 1013. Suspension until June 30, 1948, of application
of certain Federal laws; Sherman Anti-Trust Act applicable to agreements to, or acts of, boycott,
coercion, or intimidation. (a) Until June 30, 1948, the Act of July 2, 1890, as amended, known as the Sherman Act, and the Act of October 15, 1914, as amended, known as the Clayton Act, and the Act of September 26, 1914, known as the Federal Trade Commission Act, and the Act of June 19, 1936, known as the Robinson-Patman Anti-Discrimination Act, shall not apply to the business of insurance or to acts in the conduct thereof.
(b) Nothing contained in this chapter shall render the said Sherman Act inapplicable to any agreement to boycott, coerce, or intimidate, or act of boycott, coercion, or intimidation. (Mar. 9, 1945, ch. 20, $ 3, 59 Stat. 34; July 25, 1947, ch. 326, 61 Stat. 448.)
REFERENCES IN TEXT The act of July 2, 1890, as amended, known as the Sherman Act, referred to in the text of subsections (a) and (b), is classified to sections 1-7 of this title.
The act of October 15, 1914, as amended, known as the Clayton Act, referred to in the text of subsection (a), is classified to sections 12-27, and 44 of this title and sections 52 and 53 of Title 29, Labor. See, also, note under section 12 of this title.
The act of September 26, 1914, known as the Federal Trade Commission Act, as amended, referred to in the text of subsection (a), is classified to sections 41-46 and 47-58 of this title.
The act of June 19, 1936, known as the Robinson-Patman Anti-Discrimination Act, referred to in text of subsection (a), is classified to sections 13–13b and 21a of this title.
AMENDMENTS 1947-Act July 25, 1947, changed the date in this section from Jan. 1, 1948, to June 30, 1948.
Chapter 21.-NATIONAL POLICY ON EMPLOY.
MENT Sec. 1021. Declaration of policy. 1022. Economic Report of the President; coverage; sup
plementary reports; reference to Congressional
Joint Committee. 1023. Council of Economic Advisers.
(a) Creation; composition; qualifications;
compensation; selection of chairman and
vice-chairman. (b) Employment of specialists, experts, and
other personnel. (c) Duties. (d) Annual report. (e) Consultation with other groups and
agencies; utilization of Governmental sery
ices and private research agencies.
(1) Appropriations. 1024. Joint Committee on the Economic Report.
(a) Composition. (b) Functions. (c) Vacancies; selection of chairman and
vice-chairman. (d) Hearings; employment and compensation
of personnel; cost of stenographic services; utilization of Government services and
private research agencies.
(e) Appropriations. 1025. Same; printing of monthly publication entitled
"Economic Indicators"; distribution,
§ 1014. Applicability of National Labor Relations Act
and the Fair Labor Standards Act of 1938. Nothing contained in this chapter shall be construed to affect in any manner the application to the business of insurance of the Act of July 5, 1935, as amended, known as the National Labor Relations Act, or the Act of June 25, 1938, as amended, known as the Fair Labor Standards Act of 1938, or the Act of June 5, 1920, known as the Merchant Marine Act, 1920. (Mar. 9, 1945, ch. 20, § 4, 59 Stat. 34.)
REFERENCES IN TEXT The National Labor Relations Act, referred to in the text, is classified to sections 151–160 of Title 29, Labor.
The Fair Labor Standards Act, referred to in the text, is classified to sections 201-219 of Title 29, Labor.
The Merchant Marine Act, 1920, referred to in the text, is classified to sections 13, 597, 599, 688, 802, 803, 808, 812, 813, 861, 864-869, 871, 872, 875—877, 880–885, 887–889, 911, 921–927, 941, 951-954, 961, 971--975 and 981-984 of Title 46, Shipping.
§ 1021. Declaration of policy.
The Congress declares that it is the continuing policy and responsibility of the Federal Government to use all practicable means consistent with its needs and obligations and other essential considerations of national policy, with the assistance and cooperation of industry, agriculture, labor, and State and local governments, to coordinate and utilize all its plans, functions, and resources for the purpose of creating and maintaining, in a manner calculated to foster and promote free competitive enterprise and the general welfare, conditions under which there will be afforded useful employment opportunities, including self-employment, for those able, willing, and seeking to work, and to promote maximum employment, production, and purchasing power. (Feb. 20, 1946, ch. 33, $ 2, 60 Stat. 23.)
SHORT TITLE Congress in enacting this chapter provided by section 1 of act Feb. 20, 1946, that it should be known as the "Employment Act of 1946". § 1022. Economic Report of the President; coverage;
supplementary reports; reference to Congres
sional Joint Committee. (a) The President shall transmit to the Congress at the beginning of each regular session (commencing with the year 1947) an economic report (hereinafter called the "Economic Report”) setting forth (1) the levels of employment, production, and purchasing power obtaining in the United States and such levels needed to carry out the policy declared in section 1021 of this title; (2) current and foreseeable trends in the levels of employment, production, and purchasing power; (3) a review of the economic program of the Federal Government and a review of economic conditions affecting employment in the United States or any considerable portion thereof during the preceding year and of their effect upon employment, production, and purchasing power; and (4) a
§ 1015. Definition of “State."
As used in this chapter, the term "State” includes the several States, Alaska, Hawaii, Puerto Rico, and the District of Columbia. (Mar. 9, 1945, ch. 20, § 5, 59 Stat. 34.)
program for carrying out the policy declared in section 1021 of this title, together with such recommendations for legislation as he may deem necessary or desirable.
(b) The President may transmit from time to time to the Congress reports supplementary to the Economic Report, each of which shall include such supplementary or revised recommendations as he may deem necessary or desirable to achieve the policy declared in section 1021 of this title.
(c) The Economic Report, and all supplementary reports transmitted under subsection (b) of this section, shall, when transmitted to Congress, be referred to the joint committee created by section 1024 of this title. (Feb. 20, 1946, ch. 33, § 3, 60 Stat. 24, Aug. 2, 1946, ch. 753, title II, $ 226, 60 Stat. 838.)
AMENDMENTS 1946–Subsec. (a) amended by act Aug. 2, 1946, which struck out "within 60 days after" preceding "the beginning of each regular session" and inserted in lieu thereof "at".
EFFECTIVE DATE OF 1946 AMENDMENT Section as effective Aug. 2, 1946, see note set out under section 72a of Title 2, The Congress.
$ 1023. Council of Economic Advisers.-(a) Creation;
composition; qualifications; compensation; selec
tion of chairman and vice-chairman. There is created in the Executive Office of the President a Council of Economic Advisers (hereinafter called the “Council"). The Council shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate, and each of whom shall be a person who, as a result of his training, experience, and attainments, is exceptionally qualified to analyze and interpret economic developments, to appraise programs and activities of the Government in the light of the policy declared in section 1021 of this title, and to formulate and recommend national economic policy to promote employment, production, and purchasing power under free competitive enterprise. Each member of the Council shall receive compensation at the rate of $16,000 per annum. The President shall designate one of the members of the Council as chairman and one as vice chairman, who shall act as chairman in the absence of the chairman. (b) Employment of specialists, experts, and other per
sonnel. The Council is authorized to employ, and fix the compensation of, such specialists and other experts as may be necessary for the carrying out of its functions under this chapter, without regard to the civilservice laws and the Classification Act of 1949, and is authorized, subject to the civil-service laws, to employ such other officers and employees as may be necessary for carrying out its functions under this chapter, and fix their compensation in accordance with the Classification Act of 1949. (c) Duties.
It shall be the duty and function of the Council
(1) to assist and advise the President in the preparation of the Economic Report;
(2) to gather timely and authoritative information concerning economic developments and economic trends, both current and prospective, to analyze and interpret such information in the light of the policy declared in section 1021 of this title for the purpose of determining whether such developments and trends are interfering, or are likely to interfere, with the achievement of such policy, and to compile and submit to the President studies relating to such developments and trends;
(3) to appraise the various programs and activities of the Federal Government in the light of the policy declared in section 1021 of this title for the purpose of determining the extent to which such programs and activities are contributing, and the extent to which they are not contributing, to the achievement of such policy, and to make recommendations to the President with respect thereto;
(4) to develop and recommend to the President national economic policies to foster and promote free competitive enterprise, to avoid economic fluctuations or to diminish the effects thereof, and to maintain employment, production, and purchasing power;
(5) to make and furnish such studies, reports thereon, and recommendations with respect to matters of Federal economic policy and legislation as the President may request. (d) Annual report.
The Council shall make an annual report to the President in December of each year. (e) Consultation with other groups and agencies; uti
lization of Governmental services and private re
search agencies. In exercising its powers, functions and duties under this chapter-1
(1) the Council may constitute such advisory committees and may consult with such representatives of industry, agriculture, labor, consumers, State and local governments, and other groups, as it deems advisable;
(2) the Council shall, to the fullest extent possible, utilize the services, facilities, and information (including statistical information) of other Government agencies as well as of private research agencies, in order that duplication of effort and expense may be avoided. (f) Appropriations.
To enable the Council to exercise its powers, functions, and duties under this chapter, there are authorized to be appropriated (except for the salaries of the members and the salaries of officers and employees of the Council) such sums as may be necessary. For the salaries of the members and the salaries of officers and employees of the Council, there is authorized to be appropriated not exceeding $345,000 in the aggregate for each fiscal year. (Feb. 20, 1946, ch. 33, § 4, 60 Stat. 24; Oct. 15, 1949, ch. 695, § 4, 63 Stat. 880; Oct. 28, 1949, ch. 782, title XI, $ 1106 (a), 63 Stat. 972.)
REFERENCES IN TEXT The civil-service laws and the Classification Act of 1949 referred to in the text of subsection (b), are classified to chapters 12 and 21, respectively, of Title 5, Executive Departments and Government Officers and Employees.
AMENDMENTS 1949–Subsec. (a) amended by act Oct. 15, 1949, to increase members' compensation from $15,000 to $16,000 per annum.
Subsec. (b) amended by act Oct. 28, 1949, which substituted the "Classification Act of 1949" in lieu of the "Classification Act of 1923".
EFFECTIVE DATE OF 1949 AMENDMENT The increased compensation provided for by act Oct. 15, 1949, took effect on the first day of the first pay period which began after Oct. 15, 1949, by the provisions of section 9 of said act Oct. 15, 1949, which is set out as a note under section 3 of Title 5, Executive Departments and Government Officers and Employees. 8 1024. Joint Committee on the Economic Report.—(a)
Composition. There is established a Joint Committee on the Economic Report, to composed of seven Members of the Senate, to be appointed by the President of the Senate, and seven Members of the House of Representatives, to be appointed by the Speaker of the House of Representatives. The party representation on the joint committee shall as nearly as may be feasible reflect the relative membership of the majority and minority parties in the Senate and House of Representatives. (b) Functions.
It shall be the function of the joint committee
(1) to make a continuing study of matters relating to the Economic Report;
(2) to study means of coordinating programs in order to further the policy of this chapter; and
(3) as a guide to the several committees of the Congress dealing with legislation relating to the Economic Report, not later than March 1 of each year (beginning with the year 1947) to file a report with the Senate and the House of Representatives containing its findings and recommendations with respect to each of the main recommendations made by the President in the Economic Report, and from time to time to make such other reports and recommendations to the Senate and House of Representatives as it deems advisable. (c) Vacancies; selection of chairman and vice-chair
mittee, or any subcommittee thereof, shall not exceed 25 cents per hundred words. The joint committee is authorized to utilize the services, information, and facilities of the departments and establishments of the Government, and also of private research agencies. (e) Appropriations.
There is authorized to be appropriated for each fiscal year, the sum of $125,000, or so much thereof as may be necessary, to carry out the provisions of this section, to be disbursed by the Secretary of the Senate on vouchers signed by the chairman or vice chairman. (f) Service as attorney or expert for committee.
Service of one individual, until the completion of the investigation authorized by Senate Concurrent Resolution 26, Eighty-first Congress, as an attorney or expert for the joint committee, in any business or professional field, on a part-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, or 284 of Title 18, or of any other Federal law imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States. (Feb. 20, 1946, ch. 33, § 5, 60 Stat. 25; Aug. 2, 1946, ch. 753, title II, § 225, 60 Stat. 838; Feb. 2, 1948, ch. 42, 62 Stat. 16; Oct. 6, 1949, ch. 627, § § 1, 2, 63 Stat. 721.)
AMENDMENTS 1949—Subsec. (e) amended by act Oct. 6, 1949, $ 1, to increase the annual appropriation from $50,000 to $125,000.
Subsec. (f) added by act Oct. 6, 1949, $ 2.
1948—Subsec. (b) (3) amended by act Feb. 2, 1948, which changed the filing date of the Joint Committee's report from February 1 to March 1.
1946–Subsec. (b) (3) amended by act Aug. 2, 1946, which changed the filing date of the Joint Committee's report from May 1 to February 1.
EFFECTIVE DATE OF 1946 AMENDMENT Section as effective Aug. 2, 1946, see note set out under section 72a of Title 2, The Congress.
Vacancies in the membership of the joint committee shall not affect the power of the remaining members to execute the functions of the joint committee, and shall be filled in the same manner as in the case of the original selection. The joint committee shall select a chairman and a vice chairman from among its members. (d) Hearings; employment and compensation of per
sonnel; cost of stenographic services; utilization of Government services and private research agencies.
The joint committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings as it deems advisable, and, within the limitations of its appropriations, the joint committee is empowered to appoint and fix the compensation of such experts, consultants, technicians, and clerical and stenographic assistants, to procure such printing and binding, and to make such expenditures, as it deems necessary and advisable. The cost of stenographic services to report hearings of the joint com
8 1025. Same; printing of monthly publication entitled
“Economic Indicators"; distribution. The Joint Committee on the Economic Report is authorized to issue a monthly publication entitled “Economic Indicators", and a sufficient quantity shall be printed to furnish one copy to each Member of Congress; the Secretary and the Sergeant at Arms of the Senate; the Clerk, Sergeant at Arms, and Doorkeeper of the House of Representatives; two copies to the libraries of the Senate and House, and the Congressional Library; seven hundred copies to the Joint Committee on the Economic Report; and the required number of copies to the Superintendent of Documents for distribution to depository libraries; and the Superintendent of Documents is authorized to have copies printed for sale to the public. (June 23, 1949, ch. 237, 63 Stat. 264.)
CODIFICATION Section was not enacted as a part of the Employment Act of 1946 which comprises this chapter.
Chapter 22.—TRADE-MARKS SUBCHAPTER 1—THE PRINCIPAL REGISTER Sec. 1051. Registration; application; payment of fees; desig
nation of resident for service of process and
notice. 1052. Trade-marks registrable on principal register; con
current registration. 1053. Service marks registrable. 1054. Collective marks and certification marks registrable. 1055. Use by related companies affecting validity and reg
(a) Issuance and form.
(g) Correction of applicant's mistake. 1058. Duration of registration; cancellation; affidavit of
continued use; notice of Commissioner's action. 1059. Renewal of registration. 1060. Assignment of mark; execution; recording; pur
chaser without notice. 1061. Execution of acknowledgments and verifications. 1062. Publication; proceedings on refusal of registration;
republication of marks registered under prior
acts. 1063. Opposition to registration. 1064. Cancellation of registration. 1065. Incontestability of right to use mark under certain
conditions. 1066. Interference; declaration by Commissioner. 1067. Interference, opposition, and proceedings for con
current use registration or for cancellation; no
tice to parties; determination of rights. 1068. Same; action of Commissioner. 1069. Application of equitable principles in inter partes
proceedings. 1070. Appeals to Commissioner from decisions of ex
aminers. 1071. Appeal to courts; review; election of remedies;
Commissioner as party. 1072. Registration as constructive notice of claim of own.
ership. SUBCHAPTER II—THE SUPPLEMENTAL REGISTER 1091. Marks registrable on supplemental register; appll
cation and proceedings for registration; nature of
mark; mark used in foreign commerce. 1092. Publication; not subject to opposition; cancella
tion. 1093. Registration certificates for marks on principal and
supplemental registers to be different. 1094. Provisions of chapter applicable to registrations on
supplemental register. 1095. Registration on principal register not precluded. 1096. Registration on supplemental register not used to
SUBCHAPTER III-GENERAL PROVISIONS 1111. Notice of registration; display with mark; recovery
of profits and damages in infringement suit. 1112. Classification of goods and services; registration in
plurality of classes. 1113. Fees and charges. 1114. Remedies; infringement; innocent infringement by
printers and publishers. 1115. Same; certificate of registration on principal regis
ter as evidence of exclusive right to use mark;
defenses. 1116. Same; injunctions; enforcement; notice to Com.
missioner. 1117. Same; recovery for violation of rights; profits, dam
ages and costs.
Sec. 1118. Same; destruction of infringing articles. 1119. Same; power of court over registrations. 1120. Same; civil liability for false or fraudulent regis
tration. 1121. Same; jurisdiction of Federal courts. 1122. Repealed. 1123. Rules and regulations for conduct of proceedings
in Patent Office. 1124. Importation of goods bearing infringing marks or
names forbidden. 1125. False designation of origin and false descriptions
forbidden. 1126. International conventions.
(a) Register of marks communicated by in
ternational bureaus. (b) Application of this chapter to nationals
of foreign countries which are parties to
conventions or treaties. (c) Prior registration in country of origin;
country of origin defined. (d) Right of priority. (e) Registration on principal or supple
mental register; copy of foreign registra
tion. (1) Domestic registration Independent of for
eign registration. (g) Trade or commercial names of foreign
nationals protected without registration. (h) Protection of foreign nationals against
unfair competition. (1) Citizens or residents of United States en
titled to benefits of section. 1127. Construction and definitions; intent of chapter.
EFFECTIVE DATE This chapter, act July 5, 1946, ch. 540, 60 Stat. 427, is effective one year from July 5, 1946, and repeals chapter 3 of this title as of that date. See notes under section 1051 of this title.
PRIOR LAWS The Trade-Mark Act of 1905 superseded the TradeMark Act of Mar. 3, 1881, ch. 138, 21 Stat. 502, entitled "An Act to authorize the registration of trade-marks and protect the same," and also act Aug. 5, 1882, ch. 393, 22 Stat. 298, entitled "An Act relating to the registration of trade marks". Former section 109 of this title repealed all inconsistent acts and parts of acts, except so far as they might apply to certificates of registration issued under the Trade-Mark Act of Mar. 3, 1881, ch. 138, and act Aug. 5, 1882, ch. 393.
SUBCHAPTER I-THE PRINCIPAL REGISTER 8 1051. Registration; application; payment of fees;
designation of resident for service of process and
notice. The owner of a trade-mark used in commerce may register his trade-mark under this chapter on the principal register 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 corporation 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 he 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 mark as actually used as may be required
by the Commissioner. (b) By paying into the Patent Office the filing fee.
(c) By complying with such rules or regulations, not inconsistent with law, as may be prescribed by the Commissioner.
(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. (July 5, 1946, ch. 540, Title I, § 1, 60 Stat. 427.)
DERIVATION Subsecs. (a)_(c) are from acts Feb. 20, 1905, ch. 592, $$ 1, 2, 33 Stat. 724; May 4, 1906, ch. 2081, § 1, 34 Stat. 168; Feb. 18, 1909, ch. 144, 35 Stat. 628; Apr. 11, 1930, ch. 132, § 4, 46 Stat. 155; June 10, 1938, ch. 332, § 1, 52 Stat. 638.
Subsec. (d) is from act Feb. 20, 1905, ch. 592, § 3, 33 Stat. 725.
EFFECTIVE DATE Section 46 (a) of act July 5, 1946, provided in part that this chapter shall be in force and take effect one year from July 5, 1946. REPEAL OF INCONSISTENT PROVISIONS; CERTAIN PROVISIONS
NOT AFFECTED Section 46 (a) of act July 5, 1946, provided in part that all acts and parts of acts inconsistent with this chapter are repealed effective one year from July 5, 1946, but that "nothing contained in this Act (this chapter) shall be construed as limiting, restricting, modifying, or repealing any statute in force on the effective date of this Act [July 5, 1947] which does not relate to trade-marks, or as restricting or increasing the authority of any Federal department or regulatory agency except as may be specifically provided in this Act (this chapter).”
Section 48 of act July 5, 1946, provided that section 27 of Title 36, Patriotic Societies and Observances is not repealed or affected by this chapter.
SAVINGS CLAUSE Section 50 of act July 5, 1946, provided "If any provision of this Act (this chapter] or the application of such provision to any person or circumstance is held invalid, the remainder of the Act shall not be affected thereby."
TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees. PENDING PROCEEDINGS AND EXISTING REGISTRATION AND
RIGHTS UNDER PRIOR ACTS Section 46 (a) of act July 5, 1946, provided in part that this chapter, except as otherwise specifically provided therein, shall not affect any suit, proceeding or appeal pending on the effective date of this chapter and that the repeal of all inconsistent acts "shall not affect the validity of registrations granted or applied for under any of said Acts prior to the effective date of this Act (July 5, 1947), or rights or remedies thereunder except as provided in sections 8, 12, 14, 15, and 47 of this Act (sections 1058, 1062, 1064, and 1065 of this title and note under this section)."
Sections 46 (b) and 47 of act July 5, 1946, provided:
"(b) Registrations now existing under the Act of March 3, 1881, or the Act of February 20, 1905 (former sections 81—109 of this title), 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 (section 1059 of this title). Such registrations and the renewals thereof shall be subject to and shall be entitled to the benefits of the provisions of this Act (this chapter] to the same extent and with the same force and effect as though registered on the principal register established by this Act (this chapter) except as limited in sections 8, 12, 14, and 15 of this Act (sections 1058, 1062, 1064, 1065 of this title). Marks registered under the ‘ten-year proviso' of section 5 of the Act of February 20, 1905, as amended (former section 85 of this title], shall be deemed to have become distinctive of the registrant's goods in commerce under paragraph (f) of section 2 of this Act ( section 1052 of this title] and may be renewed under section 9 hereof (section 1059 of this section] as marks coming within said paragraph.
"Registrations now existing under the Act of March 19, 1920 (former sections 121-128 of this title], shall expire six months after the effective date of this Act (July 5, 1947), 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 (this chapter] relating to marks registered on the supplemental register established by this Act (this chapter), 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 (section 1059 of this title).
"Marks registered under previous Acts may, if eligible, also be registered under this Act (this chapter).
"SEC. 47. (a) All applications for registration pending in the Patent Office at the effective date of this Act (July 5, 1947) may be amended, if practicable, to bring them under the provisions of this Act (this chapter). The prosecution of such applications so amended and the grant of registrations thereon shall be proceeded with in accordance with the provisions of this Act (this chapter]. If such amendments are not made, the prosecution of said applications shall be proceeded with and registrations thereon granted in accordance with the Acts under which said applications were filed, and said Acts are hereby continued in 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 for the District of Columbia or the United States Supreme Court at the effective date of this Act (July 5, 1947), the court, if it be of the