Page:United States Statutes at Large Volume 102 Part 4.djvu/972

 102 STAT. 3942

PUBLIC LAW 100-667—NOV. 16, 1988

SEC. 120. APPEALS.

Section 21 (15 U.S.C. 1071) is amended— (1) in subsection (a)(l)— (A) by striking out "section 21(b) hereof each place it appears and inserting in lieu thereof "subsection (b) of this section"; (B) by striking out "section 21(aK2) hereof and inserting in heu thereof "paragraph (2) of this subsection"; and (C) by striking out "said section 21(b)" and inserting in lieu thereof "subsection (b) of this section"; (2) in subsection (a)(4), by 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)."; (3) in subsection (b)(l)— (A) by striking out "section 21(a) hereof and inserting in lieu thereof "subsection (a) of this section"; (B) by striking out "section 21(a)" and inserting in lieu thereof "subsection (a) of this section"; and (C) by adding at the end thereof the following: "However, no final judgment shall be entered in favor of an applicsmt under section 1(b) before the mark is roistered, i£ such applicant cannot prevail without establishing constructive use pursuant to section 7(c)."; and (4) in subsection (b)(3), by striking out "(3)" and all that follows through the end of the first sentence and inserting in lieu thereof the following: "(3) In any case where there is no adverse party, a copy of the complaint shall be served on the O)mmissioner, and, unless the court finds the expenses to be unreasonable, all the expenses of the proceeding shall he paid by the party bringing the case, whether the final decision is in favor of such party or not.'. SEC. 121. SUPPLEMENTAL REGISTER

Section 23 (15 U.S.C. 1091) is amended— (1) by inserting "(a)" before "In addition" in the first paragraph; (2) by inserting "(b)" before "Upon the" in the second paragraph; (3) by inserting "(c)" before "For the purposes" in the third paragraph; (4) in subsection (a), as designated by paragraph (1) of this section— (A) by striking out "paragraphs (a)," and inserting in lieu thereof "subsections (a),"; (B) by strikii^ out "have been in lawful use in commerce by the proprietor thereof, upon" and inserting in lieu thereof are in lawful use in commerce by the owner thereof, on"; (C) by striking out "for the year preceding the filing of the application"; and (D) by inserting before "section 1" the following: "subsections (a) and (e) of"; (5) in subsection Oi>), as designated by paragraph (2) of this section, by strikii^ out "fee herein provided" and inserting in lieu thereof "prescribed fee"; and

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