Page:United States Statutes at Large Volume 60 Part 1.djvu/460

 60 STAT.] 79TH CONG., 2 D SESS.- CH. 540-JULY 5, 1946 OPPOSrTION SEC. 13. Any person who believes that he would be damaged by the registration of a mark upon the principal register may, upon payment of the required fee, file a verified notice of opposition in the Patent Office, stating the grounds therefor, within thirty days after the pub- lication under subsection (a) of section 12 of this Act of the mark sought to be registered. For good cause shown, the time for filing notice of opposition may be extended by the Commissioner, who shall notify the applicant. An unverified opposition may be filed by a duly authorized attorney, but such opposition shall be null and void unless verified by the opposer within a reasonable time after such filing to be fixed by the Commissioner. CANCELATION SEC. 14. Any person who believes that he is or will be damaged by the registration of a mark on the principal register established by this Act, or under the Act of March 3, 1881, or the Act of February 20,1905, may upon the payment of the prescribed fee, apply to cancel said regis- tration- (a) within five years from the date of the registration of the mark under this Act; or (b) within five years from the date of the publication under section 12 (c) hereof of a mark registered under the Act of March 3,1881, or the Act of February 20, 1905; or (c) at any time if the registered mark becomes the common descriptive name of an article or substance on which the patent has expired, or has been abandoned or its registration was obtained fraudulently or contrary to the provisions of section 4 or of subsections (a), (b), or (c) of section 2 of this Act for a registration hereunder, or contrary to similar prohibitory pro- visions of said prior Acts for a registration thereunder, or if the registered mark has been assigned and is being used by, or with the permission of, the assignee so as to misrepresent the source of the goods or services in connection with which the mark is used, or if the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, and has not been published under the provisions of subsection (c) of section 12 of this Act; or (d) at any time in the case of a certification mark on the ground that the registrant (1) does not control, or is not able legitimately to exercise control over, the use of such mark, or (2) engages in the production or marketing of any goods or services to which the mark is applied, or (3) permits the use of such mark for other purposes than as a certification mark, or (4) discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies. Provided, That the Federal Trade Commission may apply to cancel on the grounds specified in subsections (c) and (d) of this section any mark registered on the principal register established by this Act, and the prescribed fee shall not be required. SEC. 15. Except on a ground for which application to cancel may be filed at any time under subsections (c) and (d) of section 14 of this Act, and except to the extent, if any, to which the use of a mark registered on the principal register infringes a valid right acquired under the law of any State or Territory by use of a mark or trade name continuing from a date prior to the date of the publication under this Act of such registered mark, the right of the registrant to use such 80634°-47-PT. -- 28 433 21 Stat. 502; 33 Stat. 724. 15 U.S. C. §§81-109. Post, p. 444. Supra. Ante, p. 429. Ante, p. 428. 21 Stat. 502; 33 Stat. 724. 15 U.S.O. 81-109. Poet, p. 444. Application to can- cel by FTC. Right of registrant to use registered mark.

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