Page:United States Statutes at Large Volume 102 Part 4.djvu/973

 PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3943

(6) by striking out the last paragraph. SEC. 122. CANCELLATION ON SUPPLEMENTAL REGISTER

Section 24 (15 U.S.C. 1092) is amended— (1) by striking out "verified" in the second sentence; (2) by striking out "was not entitled to register the mark at the time of his application for registration thereof," and inserting in lieu thereof "is not entitled to registration,"; (3) by striking out "is not used by the registrant or"; and (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 registered, if such applicant cannot prevail without establishing constructive use pursuant to section 7(c).". SEC. 123. PROVISIONS OF ACT APPLICABLE TO SUPPLEMENTAL REGISTER

Section 26 (15 U.S.C. 1094) is amended— (1) by inserting "1(b)," after "sections"; and (2) by inserting "7(c)," after "7(b)". SEC. 124. REGISTRATION ON PRINCIPAL REGISTER NOT PRECLUDED.

Section 27 (15 U.S.C. 1095) is amended by adding at the end thereof the following: "Registration of a mark on the supplemental register shall not constitute an admission that the mark has not acquired distinctiveness.". SEC. 125. NOTICE OF REGISTRATION.

Section 29 (15 U.S.C. 1111) is amended by striking out "as used". SEC. 126. CLASSIFICATION OF GOODS AND SERVICES.

Section 30 (15 U.S.C. 1112) is amended— (1) by inserting "or registrant's" after "applicant's"; (2) by striking out "may file an application" and inserting in lieu thereof "may apply"; (3) by striking out "goods and services upon or in connection with which he is actually using the mark:" and inserting in lieu thereof "goods or services on or in connection with which he or she is using or has a bona fide intention to use the mark in commerce:'; and (4) by amending the proviso to read as follows: "Provided, That if the Commissioner by regulation permits the filing of an application for the registration of a mark for goods or services which fall within a plurality of classes, a fee equaling the sum of the fees for filing an application in each cleiss shall be paid, and the Commissioner may issue a single certificate of registration for such mark.". SEC. 127. INNOCENT INFRINGEMENT AND VIOLATIONS OF SECTION 43(a).

Section 32(2) (15 U.S.C. 1114(2)) is amended to read as follows: "(2) Notwithstanding any other provision of this Act, the remedies given to the owner of a right infringed under this Act or to a person bringing an action under section 43(a) shall be limited as follows: "(A) Where an infringer or violator is engaged solely in the business of printing the mark or violating matter for others and establishes that he or she WEIS an innocent infringer or innocent violator, the owner of the right infringed or person bringing the action under section 43(a) shall be entitled as sigainst such

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