Page:United States Statutes at Large Volume 112 Part 5.djvu/311

 PUBLIC LAW 105-330—OCT. 30, 1998 112 STAT. 3069 a certification or a certified copy of the registration in the country of origin of the apphcant.'. SEC. 109. TRANSITION PROVISIONS. Applicability. (a) REGISTRATIONS IN 20-YEAR TERM. — The provisions of section is use loss 8 of the Trademark Act of 1946, as amended by section 105 of note. this Act, shall apply to a registration for trademark issued or renewed for a 20-year term, if the expiration date of the registration is on or after the effective date of this Act. (b) APPLICATIONS FOR REGISTRATION.—This title and the is use losi amendments made by this title shall apply to any application for note. registration of a trademark pending on, or filed on or after, the effective date of this Act. (c) AFFIDAVITS.— The provisions of section 8 of the Trademark is use loss Act of 1946, as amended by section 105 of this Act, shall apply note. to the filing of an affidavit if the sixth or tenth anniversary of the registration, or the sixth anniversary of publication of the registration under section 12(c) of the Trademark Act of 1946, for which the affidavit is filed is on or after the effective date of this Act. (d) RENEWAL APPLICATIONS.—The amendment made by section is use 1059 106 shall apply to the filing of an application for renewal of a note, registration if the expiration date of the registration for which the renewal application is filed is on or after the effective date of this Act. SEC. 110. EFFECTIVE DATE. IS USC 1051 This title and the amendments made by this title shall take effect— (1) on the date that is 1 year after the date of the enactment of this Act, or (2) upon the entry into force of the Trademark Law Treaty with respect to the United States, whichever occurs first. TITLE II—TECHNICAL CORRECTIONS SEC. 201. TECHNICAL CORRECTIONS TO TRADEMARK ACT OF 1946. (a) IN GENERAL.— The Act entitled "An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, emid for other purposes", approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the Trademark Act of 1946), is amended as follows: (1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is amended— (A) by inserting "and," after "specifying the date of the applicant's first use of the mark in commerce"; and (B) by striking "and, the mode or manner in which the mark is used on or in connection with such goods or services". (2) Section 2 (15 U.S.C. 1052) is amended— (A) in subsection (e)— (i) in paragraph (3) by striking "or" after "them,"; and (ii) by inserting before the period at the end the following: ", or (5) comprises any matter that, as a whole, is functional"; and

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