Page:United States Statutes at Large Volume 60 Part 1.djvu/463

 PUBLIC LAWS-CH. 540-JULY 5,1946 Domestic registra- tion for foreign pro- tection. Publication; Certificates of regis- tration. Ante, pp. 429, 430, 432-434, 435; post, pp. 438, 440 . 41 Stat. 533. 15U.S.C.§§85, 107, 121-128. Post, p. 445. 21 Stat. 502; 33 Stat. 724. 15 U.S. C. §81-109. Poet, p. 444. 41 Stat. 533. 15U.S.C.§§85, 107,121 -128. Post, p. 445. numeral, or device or any combination of any of the foregoing, but such mark must be capable of distinguishing the applicant's goods or services. Upon a proper showing by the applicant that he has begun the law- ful use of his mark in foreign commerce and that he requires domestic registration as a basis for foreign protection of his mark, the Commis- sioner may waive the requirement of a full year's use and may grant registration forthwith. CANCELATION SEC. 24. Marks for the supplemental register shall not be published for or be subject to opposition, but shall be published on registration in the Official Gazette of the Patent Office. Whenever any person believes that he is or will be damaged by the registration of a mark on this register he may at any time apply to the Commissioner to cancel such registration. The Commissioner shall refer such application to the examiner in charge of interferences, who shall give notice thereof to the registrant. If it is found after a hearing before the examiner that the registrant was not entitled to register the mark at the time of his application for registration thereof, or that the mark is not used by the registrant or has been abandoned, the registration shall be canceled by the Commissioner. SEC. 25. The certificates of registration for marks registered on the supplemental register shall be conspicuously different from certifi- cates issued for marks registered on the principal register. GENERAL PROVISIONS SEC. 26. The provisions of this Act shall govern so far as applicable applications for registration and registrations on the supplemental register as well as those on the principal register, but applications for and registrations on the supplemental register shall not be subject to or receive the advantages of sections 2 (e),2 (f), 7 (b), 12 (a), 13 to 18, inclusive, 22, 33, and 42 of this Act. SEC. 27. Registration of a mark on the supplemental register, or under the Act of March 19, 1920, shall not preclude registration by the registrant on the principal register established by this Act. SEC. 28. Registration on the supplemental register or under the Act of March 19, 1920, shall not be filed in the Department of the Treasury or be used to stop importations. TITLE III-NOTICE OF REGISTRATION SEC. 29. Notwithstanding the provisions of section 22 hereof, a registrant of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register estab- lished by this Act, shall give notice that his mark is registered by displaying with the mark as used the words "Registered in U. S. Patent Office" or "Reg. U. S . Pat. Off." or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this Act by such a registrant failing so to mark goods bearing the registered mark, or by a registrant under the Act of March 19, 1920, or by the registrant of a mark on the supplemental register provided by this Act no profits and no damages shall be recovered under the provisions of this Act unless the defendant had actual notice of the registration. TITLE IV-CLASSIFICATION SEC. 30. The Commissioner shall establish a classification of goods and services, for convenience of Patent Office administration, but not to limit or extend the applicant's rights. The applicant may 436 [60 STAT.

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