Page:United States Statutes at Large Volume 108 Part 6.djvu/414

 108 STAT. 4982 PUBLIC LAW 103-465—DEC. 8, 1994 out the provisions of certsdn iatemational conventioiis, and for other pirrooses", approved JuW 5, 1946 (15 U.S.C. 1127) (hereafter in this title referrea to as the *Trademark Act of 1946"), is amended by amending the paragraph defining "abandoned" to read as follows: "A mark shall be deemed to oe 'abandoned' if 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 3 consecutive years shall be prima fecie evidence of abandonment *Use' of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. "(2) When any coiu^e 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. 622. NONREGISTEIABILITY OF MISLEADING GEOGRAPHIC INDICATIONS FOR WINES AND SPIRITS. Subsection (a) of section 2 of the Trademark Act of 1946 (15 U.S.C. 1052(a)) is amended to read as follows: "(a) Consists of or comprises immoral, deceptive, or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, Uving or dead, institutions, beHefe, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the appHcant on or after one year after the date on which the WTO Agreement (as defined in section 2(9) of the Uruguay Round Agreements Act) enters into force with respect to the United States.". 15 USC 1052 SEC. 523. EFFECTIVE DATE. The amendments made by this subtitle take effect one year after the date on which the WTO Agreement enters into force with respect to the United States. Subtitle C—Patent Provisions SEC. 531. TREATMENT OF INVENTIVE ACTIVI'IY. (a) IN GENERAL.— Section 104 of title 35, United States Code, is amended to read as follows: ^§ 104. Invention made abroad "(a) IN GENERAL.— "(1) PROCEEDINGS.—In proceedings in the Patent and Trademark Office, in the courts, and before any other competent authority, an applicant for a patent, or a patentee, may not estabhsn a date of invention by reference to knowledge or use thereof, or other activity with respect thereto, in a foreign country other thsin a NAFTA country or a WTO member country, except as provided in sections 119 and 365 of this title. "(2) RIGHTS.—I f an invention was made by a person, civil or military—

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