Page:United States Statutes at Large Volume 76.djvu/818

 770

Surrender, cancellation, or amendment.

Patent Office records.

Mistakes, correction.

Registration renewal. IS u s e 1059.

60 Stat. 427. IS u s e lOSl. Assigned registration, cancellation. 15 USC 1060.

15 USC 1062.

PUBLIC LAW 87-772-OCT. 9, 1962

[76 STAT.

copies of the drawing and statement of the applicj\,nt, shall be kept in books for that purpose" and inserting in lieu thereof the words ", and a record thereof shall be kept in the Patent Office." The second sentence of subsection (a) of section 7 is amended by striking therefrom the word "certificate" and inserting the word "registration" in lieu thereof; by striking therefrom the words "the drawing of"; and by striking the words "the grant of". Subsection (d) of section 7 is amended by striking the entire subsection and inserting in lieu thereof the following: "Upon application of the registrant the Commissioner may permit any registration to be surrendered for cancelation, and upon cancelation appropriate entry shall be made in the records of the Patent Office. Upon application of the registrant and payment of the prescribed fee, the Commissioner for good cause may permit any registration to be amended or to be disclaimed in part: Provided, That the amendment or disclaimer does not alter materially the character of the mark. Appropriate entry shall be made in the records of the Patent Office and upon the certificate of registration or, if said certificate is lost or destroyed, upon a certified copy thereof." Subsection (e) of section 7 is amended by striking the words "certificates of"; by adding an " s " to the word "registration"; and striking the words "a chief of division" and inserting in lieu thereof "an employee of the Office". Subsection (f) of section 7 is amended by striking from the first sentence the words ", signed by the Commissioner and sealed with the seal of the Patent Office"; by striking the word "certificate", second occurrence; and by striking the word "certificate", third occurrence, and inserting the word "registration" in lieu thereof. SEC. 5. Section 9 is amended by striking the entire section and inserting in lieu thereof the following: "SEC. 9. (a) Each registration may be renewed for periods of twenty years from the end of the expiring period upon payment of the prescribed fee and the filing of a verified application therefor, setting forth those goods or services recited in the registration on or in connection with which the mark is still in use in commerce and having attached thereto a specimen or facsimile showing current use of the mark, or showing that any nonuse is due to special circumstances which excuse such nonuse and it is not due to any intention to abandon the mark. Such application may be made at any time within six months before the expiration of the period for which the registration was issued or renewed, or it may be made within three months after such expiration on payment of the additional fee herein prescribed. " (b) If the Commissioner refuses to renew the registration, he shall notify the registrant of his refusal and the reasons therefor. " (c) An applicant for renewal not domiciled in the United States shall be subject to and comply with the provisions of section 1(d) hereof." SEC. 6. Section 10 is amended by changing the colon following the word "conducted" to a period and striking the words ''Provided, That any assigned registration may be canceled at any time if the registered mark is oeing 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"; and striking the sentence "The Commissioner shall keep a separate record of such assignments submitted to him for recording." and inserting in lieu thereof "A separate record of assignments submitted for recording hereunder shall be maintained in the Patent Office." SEC. 7. Subsection (a) of section 12 is amended by changing the period at the end thereof to a colon and inserting after the colon the

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