Registration and Protection of Trademarks: Hearing Before Subcommittee No. 3 of the Committee on the Judiciary, House of Representatives, Eighty-seventh Congress, First Session, on H. R. 4333, a Bill to Amend the Act Entitled "An Act to Provide for the Registration Ahd Protection of Trademarks Used in Commerce, to Carry Out the Provisions of Certain International Conventions, and for Other Puposes, Approved July 5, 1946, as Amended. August 16, 1961

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7. lappuse - Any person who shall, without the consent of the registrant — (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services...
72. lappuse - ... or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive...
78. lappuse - ... and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor." "The term 'certification mark...
74. lappuse - 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" shall be referred to as the "Trademark Act of 1946".
59. lappuse - 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...
61. lappuse - 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.
5. lappuse - USC, sec. 303 (a) (17)), is amended by changing the period at the end thereof to a colon, and adding the following...
61. lappuse - That the mark has been abandoned by the registrant; or (3) That the registered mark is being used, by or with the permission of the registrant or a person in privity with the registrant, so as to misrepresent the source of the goods or services in connection with which the mark is used...
63. lappuse - Office shall be admitted on motion of cither party upon the terms and conditions as to costs, expenses, and the further cross-examination of the witnesses as the court imposes, without prejudice to the right of the parties to take further testimony.
3. lappuse - Within five years from the date of publication under section 12(c) hereof of a mark registered under the Act of March 3, 1881, or the Act of February 20. 1905.

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