Page:United States Statutes at Large Volume 102 Part 4.djvu/971

 PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3941

name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the roistered mark has become the generic name of goods or services on or in connection with wUch it has been used."; (5) in subsection (d)— (A) by striking out "(d) at" and inserting in lieu thereof "(4) At*'; and (B) by striking out "; or" and inserting in lieu thereof a period; (6) in subsection (e)— (A) by striking out "(e) at" and inserting in lieu thereof "(5) At'*; and (B) by striking out "(1)", "(2)", "(3)", and "(4)" and inserting in lieu thereof "(A)", "(B)", "(C)", and "(D)", respectively; and (7) in the proviso at the end of the section by striking out "subsections (c) and (e)" and inserting in lieu thereof "paragraphs (3) and (5)". SBC 116. INCONTESTABILITY OF RIGHT TO USE MARK.

Section 15 (15 U.S.C. 1065) is amended— (1) by striking out "subsections (c) and (e)" and inserting in lieu thereof "paragraphs (3) and (5)"; (2) in paragraph (3) by striking out "subsections (1) and (2) hereof and inserting in lieu thereof "paragraphs (1) and (2) of this section"; and (3) in paragraph (4) by striking out "the common descriptive name of any article or substance, patented or otherwise" and inserting in lieu thereof "the generic name for the goods or services or a portion thereof, for which it is r^pstered". SEa 117. INTERFERENCE.

Section 16 (15 U.S.C. 1066) is amended by striking out "applied to the goods or when used in connection with the services" and inserting in lieu thereof "used on or in connection with the goods or services". SEC 118. ACnON OF COMMISSIONER IN PROCEEDINGS.

Section 18 (15 \JJS.C. 1068) is amended— (1) by striking out "or restrict" and inserting in lieu thereof "the r^istration, in whole or in part, may modify the application or r^istration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the roister"; (2) by striking out "or may refuse" and inserting in lieu thereof "may refuse"; and (3) adding at the end thereof the following: "However, no final judgment shall be entered in favor of an applicant under section 1(b) before the mark is roistered, if such applicant cannot prevail without establishing constructive use pursuant to section 7(c).". SEC 119. APPLICATION OF EQUITABLE PRINCIPLES.

Section 19 (15 UJS.C. 1069) is amended by striking out the second sentence.

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