Page:United States Statutes at Large Volume 118.djvu/2959

 118 STAT. 2929 PUBLIC LAW 108–447—DEC. 8, 2004 (1) in paragraph (1), by striking ‘‘Fees charged under sub section (a) or (b)’’ and inserting ‘‘Subject to paragraph (3), fees charged under subsections (a), (b), and (d)(1)’’; and (2) by adding at the end the following new paragraph: ‘‘(3) The fee charged under subsection (a)(1)(A) shall be reduced by 75 percent with respect to its application to any entity to which paragraph (1) applies, if the application is filed by electronic means as prescribed by the Director.’’. SEC. 802. ADJUSTMENT OF TRADEMARK FEES. (a) FEE FOR FILING APPLICATION.—During fiscal years 2005 and 2006, under such conditions as may be prescribed by the Director, the fee under section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) for: (1) the filing of a paper application for the registration of a trademark shall be $375; (2) the filing of an electronic application shall be $325; and (3) the filing of an electronic application meeting certain additional requirements pre scribed by the Director shall be $275. During fiscal years 2005 and 2006, the provisions of the second and third sentences of section 31(a) of the Trademark Act of 1946 shall apply to the fees established under this section. (b) REFERENCE TO TRADEMARK ACT OF 1946.—For purposes of this section, the ‘‘Trademark Act of 1946’’ refers to 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, and for other purposes.’’, approved July 5, 1946 (15 U.S.C. 1051 et seq.). SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION. (a) EFFECTIVE DATE.—Except as otherwise provided in this title (including this section), the provisions of this title shall take effect on the date of the enactment of this Act and shall apply only with respect to the remaining portion of fiscal year 2005 and fiscal year 2006. (b) APPLICABILITY.— (1)(A) Except as provided in subparagraphs (B) and (C), the provisions of section 801 shall apply to all patents, when ever granted, and to all patent applications pending on or filed after the effective date set forth in subsection (a) of this section. (B)(i) Except as provided in clause (ii), subsections (a)(1) and (3) and (d)(1) of section 41 of title 35, United States Code, as administered as provided in this title, shall apply only to— (I) applications for patents filed under section 111 of title 35, United States Code, on or after the effective date set forth in subsection (a) of this section, and (II) international applications entering the national stage under section 371 of title 35, United States Code, for which the basic national fee specified in section 41 of title 35, United States Code, was not paid before the effective date set forth in subsection (a) of this section. (ii) Section 41(a)(1)(D) of title 35, United States Code, as administered as provided in this title, shall apply only to applications for patent filed under section 111(b) of title 35, United States Code, before, on, or after the effective date set forth in subsection (a) of this section in which the filing fee 35 USC 41 note. Applicability. 35 USC 41 note.

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