Page:United States Statutes at Large Volume 102 Part 4.djvu/978

 102 STAT. 3948

PUBLIC LAW 100-667—NOV. 16, 1988

and includes marks indicating membership in a union, an association, or other organization."; (7) by amending the paragraph defining "mark" to read as follows: "The term 'mark' includes any trademark, service mark, collective mark, or certification mark."; (8) by amending the matter which appears between the paragraph defining "mark", and the paragraph defining "colorable imitation" to read as follows: "The term 'use in commerce' means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this Act, a mark shall be deemed to be in use in commerce— "(1) on goods when— "(A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and "(B) the goods are sold or transported in commerce, and "(2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services. "A mark shall be deemed to be 'abandoned' when either of the following occurs: "(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie evidence of abandonment. 'Use' of a mark means the bona fide use of that mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. "(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.". SEC. 135. PENDING APPLICATIONS.

note.

The Trademark Act of 1946 is amended by adding at the end thereof the following: "SEC. 51. All certificates of registration based upon applications for registration pending in the Patent and Trademark Office on the effective date of the Trademark Law Revision Act of 1988 shall remain in force for a period of 10 years.".

15 USC 1051

SEC. 136. EFFECTIVE DATE.

15 USC 1058

This title and the amendments made by this title shall become effective on the date which is one year after the date of enactment of this Act.

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