Page:United States Statutes at Large Volume 60 Part 1.djvu/469

 PUBLIC LAWS-CH. 540 -JULY 5,1946 41 Stat. 533. 15 U.S. C. §121(a). Post, p. 445. Persons entitled to benefits of Act, etc. 25 Stat. 1372 . 46 Stat. 2907. Registration in country of origin. Force and effect ac- corded application. Ante, pp .427 -429,435. Conditions. Registration of mark. Trade names. of origin, and such other data as may be useful concerning the mark. This register shall be a continuation of the register provided in section 1 (a) of the Act of March 19, 1920. (b) Persons who are nationals of, domiciled in, or have a bona fide and effective business or commercial establishment in any foreign country, which is a party to (1) the International Convention for the Protection of Industrial Property, signed at Paris on March 20, 1883; or (2) the General Inter-American Convention for Trade Mark and Commercial Protection signed at Washington on February 20, 1929; or (3) any other convention or treaty relating to trade-marks, trade or commercial names, or the repression of unfair competition to which the United States is a party, shall be entitled to the benefits and subject to the provisions of this Act to the extent and under the conditions essential to give effect to any such conventions and treaties so long as the United States shall continue to be a party thereto, except as provided in the following paragraphs of this section. (c) No registration of a mark in the United States by a person described in paragraph (b) of this section shall be granted until such mark has been registered in the country of origin of the applicant, unless the applicant alleges use in commerce. For the purposes of this section, the country of origin of the appli- cant is the country in which he has a bona fide and effective industrial or commercial establishment, or if he has not such an establishment the country in which he is domiciled, or if he has not a domicile in any of the countries described in paragraph (b) of this section, the country of which he is a national. (d) An application for registration of a mark under sections 1, 2, 3, 4, or 23 of this Act filed by a person described in paragraph (b) of this section who has previously duly filed an application for regis- tration of the same mark in one of the countries described in para- graph (b) shall be accorded the same force and effect as would be accorded to the same application if filed in the United States on the same date on which the application was first filed in such foreign country: Provided,That- (1) the application in the United States is filed within six months from the date on which the application was first filed in the foreign country; (2) the application conforms as nearly as practicable to the requirements of this Act, but use in commerce need not be alleged; (3) the rights acquired by third parties before the date of the filing of the first application in the forcing country shall in no way be affected by a registration obtained on an application filed under this subsection (d); (4) nothing in this subsection (d) shall entitle the owner of a registration granted under this section to sue for acts com- mitted prior to the date on which his mark was registered in this country unless the registration is based on use in commerce. (e) A mark duly registered in the country of origin of the foreign applicant may be registered on the principal register if eligible, other- wise on the supplemental register herein provided. The application therefor shall be accompanied by a certified copy of the application for or registration in the country of origin of the applicant. (f) The registration of a mark under the provisions of paragraphs (c), (d), and (e) of this section by a person described in paragraph (b) shall be independent of the registration in the country of origin and the duration, validity, or transfer in the United States of such registration shall be governed by the provisions of this Act. (g) Trade names or commercial names of persons described in 442 [60 STAT.

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