Page:United States Statutes at Large Volume 60 Part 1.djvu/458

 60 STAT.] 79TH CONG. , 2D SESS.-CH. 540-JULY 5, 1946 thereof shall be attached to each printed copy of the registration cer- tificate and such corrected certificate shall thereafter have the same effect as if the same had been originally issued in such corrected form, or in the discretion of the Commissioner a new certificate of registra- tion may be issued without charge. All certificates of correction here- tofore issued in accordance with the rules of the Patent Office and the registrations to which they are attached shall have the same force and effect as if such certificates and their issue had been specifically authorized by statute. (g) Whenever a mistake has been made in a registration and a showing has been made that such mistake occurred in good faith through the fault of the applicant, the Commissioner is authorized to issue a certificate of correction or, in his discretion, a new cer- tificate upon the payment of the required fee: Provided, That the correction does not involve such changes in the registration as to require republication of the mark. DURATION SEC. 8. (a) Each certificate of registration shall remain in force for twenty years: Provided, That the registration of any mark under the provisions of this Act shall be canceled by the Commis- sioner at the end of six years following its date, unless within one year next preceding the expiration of such six years the registrant shall file in the Patent Office an affidavit showing that said mark is still in use or showing that its nonuse is due to special circum- stances which excuse such nonuse and is not due to any intention to abandon the mark. Special notice of the requirement for such affi- davit shall be attached to each certificate of registration. (b) Any registration published under the provisions of subsection (c) of section 12 of this Act shall be canceled by the Commissioner at the end of six years after the date of such publication unless within one year next preceding the expiration of such six years the registrant shall file in the Patent Office an affidavit showing that said mark is still in use or showing that its nonuse is due to special cir- cumstances which excuse such nonuse and is not due to any intention to abandon the mark. (c) The Commissioner shall notify any registrant who files either of the above-prescribed affidavits of his acceptance or refusal thereof and, if a refusal, the reasons therefor. RENEWAL SEC. 9. Each registration may be renewed for periods of twenty years from the end of the expiring period upon the filing of an appli- cation therefor accompanied by an affidavit by the registrant stating that the mark is still in use in commerce and the payment of the renewal fee required by this Act; and such application may be made at any time within six months before the expiration of the period for which the certificate of registration was issued or renewed, or it may be made within three months after such expiration on payment of the additional fee herein provided. An applicant for renewal not domiciled in the United States shall be subject to and comply with the provisions of section 1 (d) hereof. ASSIGNMaENT SEC. 10. A registered mark or a mark for which application to register has been filed shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark, 431 Cancellation. Affidavit. Notice of accept- ance or refusal. Ag p. 428.

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