Page:United States Statutes at Large Volume 102 Part 4.djvu/968

 102 STAT. 3938

PUBLIC LAW 100-667—NOV. 16, 1988

tions and limitations as to the mode or place of use of the mark or the goods on or in connection with which such mark is registered to the respective persons."; (2) in subsection (e) by striking out "applied to" each place it appears and inserting in lieu thereof "used on or in connection with"; and (3) in subsection (f)— (A) by striking out "applied to" and inserting in lieu thereof "used on or in connection with"; and (B) by striking out "five years" and all that follows through the end of the subsection and inserting in lieu thereof "five years before the date on which the claim of distinctiveness is made.". SEC. 105. SERVICE MARKS REGISTRABLE.

Section 3 (15 U.S.C. 1053) is amended— (1) in the first sentence— (A) by striking out "used in commerce"; and (B) by striking out ", except when" and all that follows through "mark is used"; and (2) by striking out the second sentence. SEC. 106. COLLECTIVE AND CERTIFICATION MARKS REGISTRABLE.

Section 4 (15 U.S.C. 1054) is amended— (1) in the first sentence— (A) by striking out "origin used in commerce," and inserting in lieu thereof "origin,"; and (B) by striking out except when" and inserting in lieu thereof "except in the case of certification marks when"; and (2) by striking out the second sentence. SEC. 107. USE BY RELATED COMPANIES.

Section 5 (15 U.S.C. 1055) is amended by adding at the end thereof the following: "If first use of a mark by a person is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be.". SEC. 108. DISCLAIMER OF UNREGISTRABLE MATTER

Section 6(b) (15 U.S.C. 1056(b)) is amended by striking out "paragraph (d)" and inserting in lieu thereof "subsection (e)". SEC. 109. CERTIFICATE OF REGISTRATION ON THE PRINCIPAL REGISTER.

Section 7 (15 U.S.C. 1057) is amended— (1) by amending subsection (b) to read as follows: "(b) A certificate of registration of a mark upon the principal register provided by this Act shall be prima facie evidence of the validity of the registered mark and of the registration of the mark, of the registrant^ ownership of the mark, and of the registrant's exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the certificate, subject to any conditions or limitations stated in the certificate."; (2) by redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), and (h), respectively; (3) by inserting after subsection (b) the following:

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