Page:United States Statutes at Large Volume 102 Part 4.djvu/970

 102 STAT. 3940

PUBLIC LAW 100-667—NOV. 16, 1988

SEC 113. EXAMINATION OF APPLICATION.

Section 12(a) (15 U.S.C. 1062(a)) is amended— (1) by sti-iking out "fee herein provided" and inserting in lieu thereof "prescrSjed fee"; and (2) by striking out "to r^istration, the" and inserting in lieu thereof "to r^stration, or would be entitled to r ^ ^ r a t i o n upon the acceptance of the statement of use required by section 1(d) of this Act, the". SEC. 114. OPPOSITION TO MARKS.

Section 13 (15 U.S.C. 1063) is amended— (1) by inserting "(a)" before "Any person"; (2) by striking out "required fee' and inserting in lieu thereof "prescribed fee; and (3) by adding at the end thereof the following: "(b) Unless registration is successfully opposed— "(1) a mark entitled to r^istration on the principal roister based on an application filed under section 1(a) or pursuant to section 44 shall be roistered in the Patent and Trademark Office, a certificate of registration shall be issued, and notice of the r^istration shall be published in the Official Gazette of the Patent and Trademark Office; or "(2) a notice of allowance shall be issued to the applicant if the applicant applied for r^istration under section 1(b).". SEC. 115. CANCELLATION OF REGISTRATIONS.

Section 14 (15 U.S.C. 1064) is amended— (1) in the matter preceding subsection (a)— (A) by inserting "as follows" after "be filed"; and (B) by striking out "1905-" and inserting in lieu thereof "1905:''; (2) in subsection (a)— (A) by striking out "(a) within" and inserting in lieu thereof "(1) Within"; and (B) by striking out "; or" and inserting in lieu thereof a period; (3) in subsection (b)— (A) by striking out "(b) within" and inserting in lieu thereof "(2) Within"; and (B) by striking out "; or" and inserting in lieu thereof a period; (4) by amending subsection (c) to read as follows: "(3) At any time if the roistered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or has been abandoned, or its r^istration was obtained fraudulently or contrary to the provisions of section 4 or of subsection (a), (b), or (c) of section 2 for a r^istration under this Act, or contrary to similar prohibitory provisions of such prior Acts for a r^istration under such Acts, or if the registered mark is being used by, or with the permission of, the r^istrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used. If the registered mark becomes the generic name for less than all of the goods or services for which it is roistered, a petition to cancel the r^istration for only those goods or services may be filed. A roistered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a

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