Page:United States Statutes at Large Volume 60 Part 1.djvu/470

 60 STAT.] 79TH CONG., 2D SESS. -CH. 540-JULY 5, 1946 paragraph (b) of this section shall be protected without the obliga- tion of filing or registration whether or not they form parts of marks. (h) Any person designated in paragraph (b) of this section as entitled to the benefits and subject to the provisions of this Act shall be entitled to effective protection against unfair competition, and the remedies provided herein for infringement of marks shall be available so far as they may be appropriate in repressing acts of unfair competition. (i) Citizens or residents of the United States shall have the same benefits as are granted by this section to persons described in para- graph (b) hereof. TITLE X-CONSTRUCTION AND DEFINITIONS SEC. 45. In the construction of this Act, unless the contrary is plainly apparent from the context- The United States includes and embraces all territory which is under its jurisdiction and control. The word "commerce" means all commerce which may lawfully be regulated by Congress. The term "principal register" refers to the register provided for by sections 1 through 22 hereof, and the term "supplemental register refers to the register provided for by sections 23 through 28 hereof. The term "person" and any other word or term used to designate the applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this Act includes a juristic person as well as a natural person. The term "juristic person" includes a firm, corporation, union, association, or other organization capable of suing and being sued in a court of law. The terms "applicant" and "registrant" embrace the legal repre- sentatives and successors and assigns of such applicant or registrant. The term "Commissioner" means the Commissioner of Patents. The term "related company" means any person who legitimately controls or is controlled by the registrant or applicant for registration in respect to the nature and quality of the goods or services in con- nection with which the mark is used. The terms "trade name" and "commercial name" include individual names and surnames, firm names and trade names used by manufac- turers, industrialists, merchants, agriculturists, and others to identify their businesses, vocations, or occupations; the names or titles lawfully adopted and used by persons, firms, associations, corporations, com- panies, unions, and any manufacturing, industrial, commercial agri- cultural, or other organizations engaged in trade or commerce and capable of suing and being sued in a court of law. The term "trade-mark" includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others. The term "service mark" means a mark used in the sale or adver- tising of services to identify the services of one person and distin- guish them from the services of others and includes without limita- tion the marks, names, symbols, titles, designations, slogans, charac- ter names, and distinctive features of radio or other advertising used in commerce. The term "certification mark" means a mark used upon or in con- nection with the products or services of one or more persons other than the owner of the mark to certify regional or other origin, mate- rial, mode of manufacture, quality, accuracy or other characteristics of such goods or services or that the work or labor on the goods or 443 Protection against unfair competition. Ante, pp. 427-43. Ante, pp. 435 43.

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