Page:United States Statutes at Large Volume 76.djvu/817

 76 STAT.]

PUBLIC LAW 87-772-OCT. 9, 1962

769

Public Law 87-772 AN ACT To amend the Act entitled "An Act to provide for the registration and protection f»f trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946, as amended.

Be it enacted by the iSenate and House of Representatives of the United States of America in Congress assembled, That paragraph (1) of subsection (a) of section 1 of the Act entitled "An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946 (60 Stat. 427), as amended, is amended by striking the words "as might be calculated to deceive" and inserting in lien thereof "as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive"; and by striking the words "or services" from the proviso thereof. SEC. 2. Subsection (d) of section 2 is amended by striking the language beginning with the word "confusion", first appearance, and ending with the word "herewith" at the end of said subsection and inserting in lieu thereof the following: "confusion, or to cause mistake, or to deceive: Provided, That when the Commissioner determines that confusion, mistake, or deception is not likely to result from the continued use by more tlian one person of the same or similar marks under conditions and limitations as to the mode or place of use of the marks or the goods in connection with which such marks are used, concurrent registrations may be issued to such persons when they have become entitled to use such marks as a result of their concurrent lawful use in commerce prior to (i) the earliest of the filing dates of the applications pending or of any registration issued under this Act; or (ii) July 5, 1947, in the case of registrations previously issued under the Act of March 3, 1881, or February 20, 1905, and continuing in full force and effect on that date; or (iii) July 5, 1947, in the case of applications filed under the Act of February 20, 1905, and registered after- July 5, 1947. Concurrent registrations may also be issued by the Commissioner when a court of competent jurisdiction has finally determined that more than one person is entitled to use the same or similar marks in commerce. I n issuing concurrent registrations, the (Commissioner shall pi-escribe conditions and limitations as to the mode or place of use of the mark or the goods in connection with which such mark is registered to the respective persons." SEC. 3. Section 6 is amended by striking the entire section and inserting in lieu thereof the following: "SEC. 6. (a) The Commissioner may require the applicant to disclaim an unregisti-able component of a mark otherwise registrable. An apnlicant may voluntarily disclaim a component of a mark sought to be registered. " (b) No disclaimer, including those made under paragraph (d) of section 7 of this Act, shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or his rijjht of registration on another application if the disclaimed matter be or shall have become distinctive of his goods or services." SEC. 4. The first sentence of subsection (a) of section 7 is amended by striking therefrom the word "either"; by striking the words "name l)rinted" and inserting in lieu thereof the words "signature placed"; by striking the words "and attested by an assistant commissioner or by one of the law examiners duly designated by the Commissioner," and by striking the words "and a record thereof, together with printed

78135 0-63—52

October 9, 1962 [H. R. 4333]

Trademarks. Registration and protection.

15 USC 1051.

Concurrent registration. 15 USC 1052.

21 Stat. 502. 33 Stat. 724. 15 USC 81 note.

Unregistrable matter, disclaimer. 15 USC 1056.

Post, p. 770.

Registration certificates. 15 USC 1057.

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