Page:United States Statutes at Large Volume 112 Part 5.djvu/312

 112 STAT. 3070 PUBLIC LAW 105-330—OCT. 30, 1998 15 USC 1052, 1124. Applicability. 15 USC 1051 note. (B) in subsection (f), by striking "paragraphs (a), (b), (c), (d), and (e)(3)" and inserting "subsections (a), (b), (c), (d), (e)(3), and (e)(5)". (3) Section 7(a) (15 U.S.C. 1057(a)) is amended in the first sentence by striking the second period at the end. (4) Section 14(3) (15 U.S.C. 1064(3)) is amended by inserting "or is functional," before "or has been abandoned". (5) Section 23(c) (15 U.S.C. 1091(c)) is amended by striking "or device" and inserting ", device, any matter that as a whole is not functional,". (6) Section 26 (15 U.S.C. 1094) is amended by striking "7(c),," and inserting ", 7(c),". (7) Section 31 (15 U.S.C. 1113) is amended— (A) by striking— "§31. Fees"; and (B) by striking "(a)" and inserting "SEC. 31. (a)". (8) Section 32(1) (15 U.S.C. 1114(1)) is amended by striking "As used in this subsection" and inserting "As used in this paragraph". (9) Section 33(b) (15 U.S.C. 1115(b)) is amended— (A) by redesignating paragraph (8) as paragraph (9); and (B) by inserting after paragraph (7) the following: "(8) That the mark is functional; or". (10) Section 39(a) (15 U.S.C. 1121(a)) is amended by striking "circuit courts" and inserting "courts". (11) Section 42 (15 U.S.C. 1124) is amended by striking "the any domestic" and inserting "any domestic". (12) The Act is amended by striking "trade-mark" each place it appears in the text and the title and inserting "trademark". (b) EFFECTIVE DATE. —The amendments made by this section shall take efTect on the date of enactment of this Act, and shall apply only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark. TITLE III—MISCELLANEOUS PROVISIONS SEC. 301. USE OF CERTIFICATION MARKS FOR ADVERTISING OR PRO- MOTIONAL PURPOSES. Section 14 of the Act entitled "An Act to provide for the registration and protection of trademarks used in commerce, to ceirry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946 (15 U.S.C. 1064) (commonly referred to as the Trademark Act of 1946) is amended by adding at the end the following: "Nothing in paragraph (5) shall be deemed to prohibit the registrant from using its certification mark in advertising or promoting recognition of the certification progrsim or of the goods or services meeting the certification standards of the registrant. Such uses of the certification mark shall not be grounds for cancellation under paragraph (5), so long as the registrant does not itself produce, manufacture, or sell any of the

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