Page:United States Statutes at Large Volume 76.djvu/819

 76 STAT.]

PUBLIC LAW 87-772-OCT. 9, 1962

771

following: Provided, That in the case of an applicant claiming concurrent use, or in the case of an application to be placed in an interference as provided for in section 16 of this Act, the mark, if otherwise 15 USC 1066. registrable, may be published subject to the determination of the rights of the parties to such proceedings." Subsection (c) of section 12 is amended hj striking therefrom the 15 USC 1062. first word of the last sentence and inserting in lieu thereof the words •'Marks published under this". SEC. 8. Section 13 is amended by striking the words "notice of" each 15 USC 1063. occurrence, and by adding at the end thereof the following sentence: "An opposition may be amended under such conditions as may be prescribed by the Commissioner." SEC. 9. Section 14 is amended by striking said section in its entirety Registration cancellation, and inserting in lieu thereof the following: petition. "SEC. 14. A verified petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed by any person who believes that he is or will be damaged by the registration of a mark on the principal register established by this Act, or under the Act of March 3, 1881, or the Act of February 20, 21 Stat. 502. 1905— 33 Stat. 724. " (a) within five years from the date of the registration of the IS u s e 81 note. mark under this Act; or " (b) within five years from the date of publication under sec' tion 12(c) hereof of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905; or "(c) at any time if the registered mark becomes the common descriptive name of an article or substance, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of section 4 or of subsections (a), (b), o r (c) of section 2 of this Act for a registration hereunder, or contrary to similar l o ' s l " ' ^ 1054, prohibitory provisions of said prior Acts for a registration thereunder, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services in connection with which the mark is used; or " (d) at any time if the mark is registered under the Act of March 3, 1881, or the Act of February 20, 1905, and has not been published under the provisions of subsection (c) of section 12 of this Act; or "(e) at any time in the case of a certification mark on the ground that the registrant (1) does not control, or is not able legitimately to exercise control over, the use of such mark, or (2) engages in the production or martetin^ of any goods or services to which the certification mark is applied, or (3) permits the use of the certification mark for purposes other than to certify, or (4) discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies: '"''Provided, That the Federal Trade Commission may apply to cancel on the grounds specified in subsections (c) and (e) of this section any mark registered on the principal register established by this Act, and the prescribed fee shall not be required." SEC. 10. Section 15 is amended by striking "(c) and (d) " in the first 15 USC 1065. paragraph and inserting in lieu thereof the following: "(c) and (e)". Section 15 is amended by striking "or trade name" from paragraph numbered (4). SEC. 11. Section 16 is amended by striking therefrom the word "purchasers". SEC. 12. Section 21 is amended by striking the entire section, and 15 USC 1071, inserting in lieu thereof the following:

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