Page:United States Statutes at Large Volume 102 Part 4.djvu/975

 PUBLIC LAW 100-667—NOV. 16, 1988

102 STAT. 3945

registration of the mark, of the registrant's ownership of the mark, and of the registrant's exclusive right to use the registered mark in commerce. Such conclusive evidence shall relate to the exclusive right to use the mark on or in connection with the goods or services specified in the affidavit filed under the provisions of section 15, or in the renewal application filed under the provisions of section 9 if the goods or services specified in the renewal are fewer in number, subject to any conditions or limitations in the registration or in such affidavit or renewal application. Such conclusive evidence of the right to use the registered mark shall be subject to proof of infringement as defined in section 32, and shall be subject to the following defenses or defects:"; (2) in paragraph (3) by inserting "on or" after "goods or services"; (3) in paragraph (4)— (A) by striking out "trade or service"; and (B) by striking out "to users"; (4) in paragraph (5) by striking out "registration of the mark under this Act or" and inserting in lieu thereof "(A) the date of constructive use of the mark established pursuant to section 7(c), (B) the registration of the mark under this Act if the application for registration is filed before the effective date of the Trademark Law Revision Act of 1988, or (C)"; (5) in paragraph (7) by striking out the period and inserting in lieu thereof "; or"; and (6) by adding at the end of the subsection the following: "(8) That equitable principles, including laches, estoppel, arid acquiescence, are applicable.". (c) INJUNCTIONS.—Section 34(a) (15 U.S.C. 1116(a)) is amended in the first sentence by inserting "or to prevent a violation under section 43(a)" after "Office". (d) NOTICE OF SUIT TO COMMISSIONER.—Section 34(c)

(15 U.S.C.

1116(c)) is amended— (1) by striking out "proceeding arising" and inserting in lieu thereof "proceeding involving a mark registered"; and (2) by striking out "decision is rendered, appeal taken or a decree issued" and inserting in lieu thereof "judgment is entered or an appeal is taken". (e) CIVIL ACTIONS ARISING FROM U S E OF COUNTERFEIT MARKS.—

Section 34(d)(l)(B) (15 U.S.C. 1116(d)(l)(B)) is amended by inserting "on or" after "designation used". SEC. 129. RECOVERY FOR VIOLATION OF RIGHTS.

Section 35(a) (15 U.S.C. 1117(a)) is amended in the first sentence by inserting ", or a violation under section 43(a)," after "Office". SEC. 130. DESTRUCTION OF INFRINGING ARTICLES.

Section 36 (15 U.S.C. 1118) is amended in the first sentence— (1) by inserting ", or a violation under section 43(a)," after "Office"; and (2) by inserting after "registered mark" the following: "or, in the case of a violation of section 43(a), the word, term, name, s3anbol, device, combination thereof, designation, description, or representation that is the subject of the violation,".

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