ance, or advertising service charge available at the time Sec. 4. COOPERATIVES AND SCHOOL AND SIM- SEC. 4. Nothing in this Act shall prevent a cooperative association from returning to its members, producers, or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to, or through the association. Approved, June 19, 1936. By Public, No. 550, 75th Congress, Chapter 283, Third Session (H. R. 8148), approved May 26, 1938, it was further provided "That nothing in the Act approved June 19, 1936 (Public, Numbered 692, Seventy-fourth Congress, second session), known as the Robinson-Patman Antidiscrimination Act, shall apply to purchases of their supplies for their own use by schools, colleges, universities, public libraries, churches, hospitals, and charitable institutions not operated for profit." 789071-51-6 Filing of application. In case of concurrent use. TRADE MARK ACT OF 1946 [Approved July 5, 1946] [PUBLIC LAW 489-79TH CONGRESS] [CHAPTER 540-2D SESSION] [H. R. 1654] AN ACT To provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-THE PRINCIPAL REGISTER Section 1. PROCEDURE IN REGISTRATION. (60 SECTION 1. The owner of a trade-mark used in commerce may register his trade-mark under this Act on the principal register hereby 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 ap plicant 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. Drawing and facsimiles. (b) By paying into the Patent Office [428] the filing Fee. fee. with rules. (c) By complying with such rules or regulations, not Compliance inconsistent with law, as may be prescribed by the Commissioner. domicile. (d) If the applicant is not domiciled in the United Foreign 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. MARKS REGISTRABLE ON THE PRINCIPAL REGISTER Sec. 2. (60 Stat. 428; 15 U. S. C. 1052.) SEC. 2. No trade-mark by which the goods of the ap- Exceptions. plicant 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. Immoral, de ceptive, etc., matter. United States flag, coat of (b) Consists of or comprises the flag or coat of arms. or other insignia of the United States, or of any States arms, etc. Name, etc., of living person. Resemblance to registered mark; except in case of concurrent registration. 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 applicant, 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 for other applications to register marks. Concurrent registrations may be ordered by a court in an action under the provisions of section 4915, Revised Stat utes, under such conditions and limitations as the court considers proper in accordance herewith. scriptive; [429] (e) Consists of a mark which, (1) when applied to the goods of the applicant is merely descriptive or Merely dedeceptively misdescriptive of them, or (2) when applied to the goods of the applicant is primarily geographically Geographical, descriptive or deceptively misdescriptive of them, except as indications of regional origin may be registrable under section 4 hereof, or (3) is primarily merely a surname. etc.; Surname. Any distincregistrable. tive marks (f) Except as expressly excluded in pargaraphs (a), (b), (c), and (d) of this section, nothing herein shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods in commerce. The Commissoner may accept as prima facie evidence that 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 pre- 5 years' use ceding the date of the filing of the application for its registration. as proof. SERVICE MARKS REGISTRABLE Sec. 3. (60 Stat. 429; 15 U. S. C. 1053.) same as for trade-marks. SEC. 3. Subject to the provisions relating to the regis- Procedure tration 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 herein in the case of trade-marks, except when used so as to represent falsely that the owner thereof Exception. 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. COLLECTIVE AND CERTIFICATION MARKS REGISTRABLE Sec. 4. (60 Stat. 429; 15 U. S. C. 1054.) SEC. 4. Subject to the provisions relating to the registration of trade-marks, so far as they are applicable, collective and certification marks, including indications of Procedure same as far as applicable. |