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opinion that the provisions of this Act (this chapter) 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 a new trial or for reconsideration of the decision on the record as made, as the appellate court may deem proper."

Section 49 of said act July 5, 1946, provided: "Nothing herein (in this chapter) shall adversely affect the rights or the enforcement of rights in marks acquired in good faith prior to the effective date of this Act (July 5, 1947).”

CROSS REFERENCES Emblems, insignia and names

False advertising or misuse of names to indicate Federal agency, see section 709 of Title 18, Crimes and Criminal Procedure.

Swiss confederation coat of arms, see section 708 of Title 18, Crimes and Criminal Procedure. Red Cross members or agents, false personation, see section 917 of Title 18, Crimes and Criminal Procedure.

RULES OF PRACTICE IN TRADE-MARK CASES Amendments of application, see $ 100.131 et seq., set out in Appendix to this title.

Application for registration, see $ 100.61 et seq., set out in Appendix to this title.

Applications filed prior to July 5, 1947, conversion to 1946 Act, see $ 100.411 et seq., set out in Appendix to this title.

Drawings, specimens and facsimiles, requirements of, see $ 100.91 et seq., set out in Appendix to this title.

FORMS FOR TRADE-MARK CASES Form of applications for registration in principal or supplemental registers, see $ 110.1 et seq., set out in Appendix to this title. § 1052. Trade-marks registrable on principal register;

concurrent registration. 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, institutions, 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 ap ant, 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 use or 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 may be 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 in this chapter for other applications to register marks. Concurrent registrations may be ordered by a court in an action under the provisions of section 63 of Title 35, under such conditions and limitations as the court considers proper in accordance with this chapter.

(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 regional origin may be registrable under section 1054 of this title, or (3) is primarily merely a surname.

(f) Except as expressly excluded in paragraphs (a)-(d) of this section, nothing in this chapter 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 prima 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. (July 5, 1946, ch. 540, title I, § 2, 60 Stat. 428.)

DERIVATION Acts Feb. 20, 1905, ch. 592, § 5, 33 Stat. 725; Mar. 2, 1907, ch. 2573, § 1, 34 Stat. 1251; Feb. 18, 1911, ch. 113, 36 Stat. 918; Jan. 8, 1913, ch. 7, 37 Stat. 649; Mar. 19, 1920, ch. 104, § 9, 41 Stat. 535; June 7, 1924, ch. 341, 43 Stat. 647.

REFERENCES IN TEXT Section 63 of Title 35, referred to in the text, was repealed by act July 19, 1952, ch. 950, § 5, 66 Stat. 815, and is now covered by sections 145 and 146 of Title 35, Patents.

EFFECTIVE DATE Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of Inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title.

TRANSFER OF FUNCTIONS The functions of all other officers of the Department of Commerce and the functions of all agencies and em

a

ployees 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.

CROSS REFERENCES Incontestability of marks used for five consecutive years after registration, see section 1065 of this title. MARKS REGISTERED UNDER TEN-YEAR PROVISO OF TRADE

MARK ACT OF 1905 Marks registered under the "ten-year proviso" of section 5 of the act of Feb. 20, 1905, as amended, deemed to have become distinctive of the registrant's goods in commerce under par. (f) of this section, see section 46 (b) of act July 5, 1946, set out in note under section 1051 of this title.

Supplemental register, subsections (e) and (f) inapplicable to trade-marks on, see section 1094 of this title.

RULES OF PRACTICE IN TRADE-MARK CASES Application to register as concurrent user, see $ 100.221, set out in Appendix to this title.

Proof of distinctiveness required under subsection (1), see $ 100.81, set out in Appendix to this title.

Registration of marks registered under prior acts, see § 100.311, set out in Appendix to this title. & 1053. Service marks registrable.

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 in this chapter 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. (July 5, 1946, ch. 540, title I, $ 3, 60 Stat. 429.)

EFFECTIVE DATE Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title.

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.

RULES OF PRACTICE IN TRADE-MARK CASES Application for registration of service mark, see $ 100.83, set out in Appendix to this title. 8 1054. Collective marks and certification marks regis

trable. 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 chapter, 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 in this chapter 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. (July 5, 1946, ch. 540, $ 4, 60 Stat. 429.)

DERIVATION Acts Feb. 20, 1905, ch. 592, § 1, 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.

EFFECTIVE DATE Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title.

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.

RULES OF PRACTICE IN TRADE-MARK CASES Application for registration of collective mark, see $ 100.84, set out in Appendix to this title. 8 1055. Use by related companies affecting validity and

registration. Where a registered mark or a mark sought to be registered is or may be used legitimately 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 such mark or of its registration, provided such mark is not used in such manner as to deceive the public. (July 5, 1946, ch. 540, title I, § 5, 60 Stat. 429.)

EFFECTIVE DATE Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title.

$ 1056. Disclaimer of unregistrable matter.

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. (July 5, 1946, ch. 540, title I, § 6, 60 Stat. 429.)

EFFECTIVE DATE Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title.

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.

RULES OF PRACTICE IN TRADE-MARK CASES Disclaimer in whole or in part, see $$ 100.342, 100.343, set out in Appendix to this title.

§ 1057. Certificates of registration-(a) Issuance and

form. 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, and state that the mark is registered on the principal register under this chapter, the date of the first use of the mark, the date of the first use of the mark in commerce, 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) Certificate as prima facie evidence.

A certificate of registration of a mark upon the principal register provided by this chapter shall be prima facie evidence of the validity of the registration, registrant's 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) Issuance to assignee.

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 pon a proper showing and the payment of the fee provided in this chapter, 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) Surrender, cancellation, or amendment by regis

trant. At any time, upon application of the registrant and payment of the fee provided in this chapter, 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 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 Patent Office records as evidence.

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 Commissi er, or in his name by a chief 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) Correction of Patent Office mistake.

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 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 rge 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) Correction of applicant's mistake.

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 applisix 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 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 1062 of this title 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. (July 5, 1946, ch. 540, title I, $ 8, 60 Stat. 431.)

DERIVATION
Act Feb. 20, 1905, ch. 592, $ 12, 33 Stat. 727.

cant, 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. (July 5, 1946, ch. 540, title I, § 7, 60 Stat. 430; Aug. 17, 1950, ch. 733, 64 Stat. 459.)

DERIVATION Subsecs. (a) and (c) are from acts Feb. 20, 1905, ch. 592, § 11, 33 Stat. 727; Mar. 4, 1925, ch. 535, § 3, 43 Stat. 1269.

Subsec. (e) is from act Mar. 19, 1920, ch. 104, § 7, 41 Stat. 535.

Subsec. (f) is from act Mar. 4, 1925, ch. 535, § 1, 43 Stat. 1268.

AMENDMENTS 1950—Subsec. (a) amended by act Aug. 17, 1950, to make it unnecessary to include in the certificate a statement of the applicant.

EFFECTIVE DATE Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title.

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.

CROSS REFERENCES Copies of records relating to trade-marks as evidence, see section 1744 of Title 28, Judiciary and Judicial Procedure.

Supplemental register, subsection (b) inapplicable to trade-marks on, see section 1094 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Effect of rule 44 on this section, see note by Advisory Committee under rule 44, following section 2072 of Title 28, Judiciary and Judicial Procedure. Proof of official record, see rule 44.

RULES OF PRACTICE IN TRADE-MARK CASES Assignment of marks, see $ 100.361 et seq., set out in Appendix to this title.

Certificate of registration, issuance and form, see $ 100.291, set out in Appendix to this title.

Correction of mistakes, see $ $ 100.344, 100.345, set out in Appendix to this title.

Disclaimer in whole or in part, see $$ 100.342, 100.343, set out in Appendix to this title. Records and publications of

Patent Office, $$ 100.31–100.37, set out in Appendix to this title.

FORMS FOR TRADE-MARK CASES Form of assignment of application for registration, see $ 110.35 set out in Appendix to this title.

EFFECTIVE DATE Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title.

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.

RULES OF PRACTICE IN TRADE-MARK CASES Affidavit required for cancellation under subsection (b) of this section, see $ 100.322, set out in Appendix to this title.

Terms of original registrations and renewals, see $ 100.351, set out in Appendix to this title.

FORMS FOR TRADE-MARK CASES Affidavit of continued use required under subsection (b) of this section, see $ 110.25, set out in Appendix to this title.

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§ 1058. Duration of registration; cancellation; affida

vit of continued use; notice of Commissioner's action. (a) Each certificate of registration shall remain in force for twenty years: Provided, That the registration of any mark under the provisions of this chapter shall be canceled by the Commissioner at the end of

§ 1059. Renewal of registration.

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 afidavit by the registrant stating that the mark is still in use in commerce and the payment of the renewal fee required by this chapter; 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 be made within three months after such expiration on payment of the additional fee provided in this chapter.

An applicant for renewal not domiciled in the United States shall be subject to and comply with the provisions of section 1051 (d) of this title. (July 5, 1946, ch. 540, title I, § 9, 60 Stat. 431.)

DERIVATION
Act Feb. 20, 1905, ch. 592, § 12, 33 Stat. 727.

EFFECTIVE DATE
Chapter to be in force and take effect one year from
July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title.

RENEWAL UNDER PRIOR ACTS Renewal of registrations under prior acts, see section 46 (b) of act July 5, 1946, set out in note under section 1051 of this title. EXTENSION OF TIME FOR RENEWAL BY FOREIGN REGISTRANT

Act July 17, 1946, ch. 587, 60 Stat. 568, provided for extension of time for renewal by a foreign registrant and expired by its own terms July 17, 1949.

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 recorded 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 1051 (d) of this title. (July 5, 1946, ch. 540, title I, § 10, 60 Stat. 431.)

DERIVATION
Act Feb. 20, 1905, ch. 592, $ 10, 33 Stat. 727.

EFFECTIVE DATE
Chapter to be in force and take effect one year from
July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title.

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.

RULES OF PRACTICE IN TRADE-MARK CASES Assignment of marks, see $ 100.361 et seq., set out in Appendix to this title.

FORMS FOR TRADE-MARK CASES Form of assignment of registered mark, see $ 110.36, set out in Appendix to this title.

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RULES OF PRACTICE IN TRADE-MARK CASES Application for renewal, requirements of, see $ 100.358, set out in Appendix to this title.

Term of original registrations and renewals, $ 100.351, set out in Appendix to this title.

FORMS FOR TRADE-MARK CASES Form of application for renewal of registration by an individual, see $ 110.21, set out in Appendix to this title. $ 1060. Assignment of mark; execution; recording;

purchaser without notice. 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

8 1061. Execution of acknowledgments and verifica

tions. Acknowledgments and verifications required under this chapter 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 officer of the United States, and shall be valid if they comply with the laws of the state or country where made. (July 5, 1946, ch. 540, title I, § 11, 60 Stat. 432.)

DERIVATION Acts Feb. 20, 1905, ch, 592, § 2, 33 Stat. 724; Feb. 18, 1909, ch. 144, 35 Stat. 627.

EFFECTIVE DATE Chapter to be in force and take effect one year from July 5, 1946, see note under section 1051 of this title.

REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes under section 1051 of this title,

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