2 1 2 "1007. Effect of omission of notice. "1008. Infringement. "1009. Application for registration. "1010. Benefit of earlier filing date in foreign country. "1011. Oaths and acknowledgments. "1012. Examination of application and issue or refusal of registration. "1013. Certification of registration. "1014. Publication of announcements and indexes. "1015. Fees. "1016. Regulations. "1017. Copies of records. "1018. Correction of errors in certificates. "1019. Ownership and transfer. "1020. Remedy for infringement. "1021. Injunction. "1022. Recovery for infringement, and so forth. "1023. Power of court over registration. "1024. Liability for action on registration fraudulently obtained. "1025. Penalty for false marking. "1026. Penalty for false representation. "1027. Relation to copyright law. "1028. Relation to patent law. "1029. Common law and other rights unaffected. "1030. Administrator. "1031. Severability clause. "1032. Amendment of other statutes. "1033. Time of taking effect. "1034. No retroactive effect. "1035. Short title. "DESIGNS PROTECTED "SEC. 1001. (a) The author or other proprietor of an 3 original design of a useful article, which design is intended to 4 make the article attractive or distinct in appearance to the 5 purchasing or using public, may secure the protection provid6 ed by this chapter upon complying with and subject to the 7 provisions hereof. 8 9 10 11 12 "(b) For the purposes of this chapter "(1) A 'useful article' is an article which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is a HR 1179 H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 3 part of a useful article shall be deemed to be a useful article. "(2) The 'design of a useful article', hereinafter referred to as a 'design', consists of those aspects or elements of the article, including its two-dimensional or three-dimensional features of shape and surface, which make up the appearance of the article. The design must be fixed in a useful article to be protectable under this chapter. "(3) A design is 'original' if it is the independent creation of an author who did not copy it from another source. "DESIGNS NOT SUBJECT TO PROTECTION "SEC. 1002. Protection under this chapter shall not be 15 available for a design that is "(a) not original; "(b) staple or commonplace, such as a standard geometric figure, familiar symbol, emblem, or motif, or other shape, pattern, or configuration which has become common, prevalent, or ordinary; "(c) different from a design excluded by subparagraph (b) above only in insignificant details or in elements which are variants commonly used in the rel evant trades; "(d) dictated solely by a utilitarian function of the article that embodies it; HR 1179 18 1 2 3 པ་ 4 5 6 7 8 9 10 11 12 13 4 "(e) composed of three-dimensional features of shape and surface with respect to men's, women's, and children's apparel, including undergarments and outerwear; "(f) a semiconductor chip product which is pro tected under chapter 9 of this title; or "(g) in no case does protection for a design under this chapter extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such design. "SEC. 1003. Protection for a design under this chapter 14 shall be available notwithstanding the employment in the 15 design of subject matter excluded from protection under sec16 tion 1002 (b) through (d), if the design is a substantial revi17 sion, adaptation, or rearrangement of said subject matter: 18 Provided, That such protection shall be available to a design 19 employing subject matter protected under chapters 1 through 20 8 of this title, or title 35 of the United States Code or this 21 chapter, only if such protected subject matter is employed 22 with the consent of the proprietor thereof. Such protection 23 shall be independent of any subsisting protection in subject 24 matter employed in the design, and shall not be construed as 25 securing any right to subject matter excluded from protection 26 or as extending any subsisting protection. HR 1179 1 2 5 "COMMENCEMENT OF PROTECTION "SEC. 1004. The protection provided for a design under 3 this chapter shall commence upon the date of publication of 4 the registration pursuant to section 1012(a) or the date the 5 design is first made public as defined by section 1009(b), 6 whichever occurs first. 7 8 "TERM OF PROTECTION "SEC. 1005. (a) Subject to subsection (b) and the provi 9 sions of this chapter, the protection herein provided for a 10 design shall continue for a term of ten years from the date of 11 12 the commencement of protection as provided in section 1004. "(b) All terms of protection provided in this section shall 13 run to the end of the calendar year in which they would 14 otherwise expire. 15 "(c) Upon expiration or termination of protection in a 16 particular design as provided in this chapter all rights under 17 this chapter in said design shall terminate, regardless of the 18 number of different articles in which the design may have 19 been utilized during the term of its protection. 20 21 "THE DESIGN NOTICE "SEC. 1006. (a) Whenever any design for which protec22 tion is sought under this chapter is made public as provided 23 in section 1009(b), the proprietor shall, subject to the provi24 sions of section 1007, mark it or have it marked legibly with 25 a design notice consisting of the following three elements: HR 1179 IH 1 2 3 4 5 6 7 8 9 10 11 12 6 "(1) the words 'Protected Design', the abbrevia tion 'Prot'd Des.', or the letter 'D' with a circle thus D or the symbol *D*; "(2) the year of the date on which protection for the design commenced; and "(3) the name of the proprietor, an abbreviation by which the name can be recognized, or a generally accepted alternative designation of the proprietor; any distinctive identification of the proprietor may be used if it has been approved and recorded by the Administrator before the design marked with such identification is registered. 13 After registration the registration number may be used in 14 stead of the elements specified in (2) and (3) hereof. 15 "(b) The notice shall be so located and applied as to give 16 reasonable notice of design protection while the useful article 17 embodying the design is passing through its normal channels 18 of commerce. This requirement may be fulfilled, in the case of 19 sheetlike or strip materials bearing repetitive or continuous 20 designs, by application of the notice to each repetition, or to 21 the margin, selvage, or reverse side of the material at reason22 ably frequent intervals, or to tags or labels affixed to the 23 material at such intervals. 24 "(c) When the proprietor of a design has complied with 25 the provisions of this section, protection under this chapter HR 1179 I |