Page:United States Statutes at Large Volume 102 Part 4.djvu/969

 PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3939

"(c) Contiiigent on the registration of a mark on the principal roister provided by this Act, the filing of the application to roister such mark shall constitute constructive use of the mark, conferring a right of priority, nationwide in effect, on or in connection with the goods or services specified in the registration against any other person except for a person whose mark has not been abandoned and who, prior to such filing— "(1) has used the mark; "(2) has filed an application to roister the mark which is pending or has resulted in r^istration of the mark; or "(3) has filed a foreign application to r^^ister the mark on the basis of which he or she has acquired a right of priority, and timely files an application under section 44(d) to roister the mark which is pending or has resulted in r^istration of the mark."; (4) in subsection (d), as redesignated by paragraph (2) of this section, by striking out "fee herein provided" and inserting in lieu thereof "presonbed fee"; (5) in subsection (f), as redesignated by paragraph (2) of this section, by striking out "fee required by law" and inserting in lieu thereof "prescribed fee"; and (6) in subsection (h), as redesignated by paragraph (2) of this section, by striking out "required fee" and inserting in lieu thereof "prescribed fee". SEC. 110. DURATION OF REGISTRATION.

Section 8(a) (15 U.S.C. 1058(a)) is amended— (1) by striking out "twenty" and inserting in lieu thereof "ten"; and (2) by striking out "showing that said mark is in use in commerce or showing that its" and inserting in lieu thereof "setting forth those goods or services recited in the r^istration on or in connection with which the mark is in use in commerce and attaching to the affidavit a specimen or facsimile showing current use of the mark, or showing that any". SEC 111. RENEWAL OF REGISTRATION.

Section 9 (15 UJS.C. 1059) is amended— (1) in subsection (a) by striking out "twenty" and inserting in lieu thereof "ten"; and (2) in subsection (c) by striking out "1(d) hereof and inserting in lieu thereof "1(e) of this Act". SEC 112. ASSIGNMENT.

Section 10 (15 U.S.C. 1060) is amended— (1) in the first sentence by striking out "and in any such assignment" and inserting in lieu thereof the following: ". However, no application to roister a mark under section 1(b) shall be assignable prior to the filing of the verified statement of use under section 1(d), except to a successor to the business of the applicant, or portion thereof, to which the mark pertaii^, if that business is ongoing and existing. In any as^gnment authorized by this section"; and (2) in the last paragraph by striking out "1(d) hereof and inserting in lieu thereof "1(e) of this Act".

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