Page:United States Statutes at Large Volume 76.djvu/821

 76

STAT.]

PUBLIC LAW 87-772-OCT. 9, 1962

party, upon suck terms and conditions as to costs, expenses, and the further cross-examination of the witnesses as the court imposes, without prejudice to the right of any party to take further testimony. The testimony and exhibits of the record in the Patent Office, when admitted, shall have the same effect as if originally taken and produced in the suit. "(4) Where there is an adverse paity, such suit may be instituted against the party in interest as shown by the records of the Patent Office at the time of the decision complained of, but any party in interest may become a party to the action. If there be adverse parties residing in a plurality of districts not embraced within the same State, or an adverse party residing in a foreign country, the United States District Court for the District of Columbia shall have jurisdiction and may issue summons against the adverse parties directed to the marshal of any district in which any adverse party resides. Summons against adverse parties residing in foreign countries may be served by publication or otherwise as the court directs." SEC. 13. Section 23 is amended by striking from the last paragraph thereof the words "has begun the lawful use of his mark m foreign commerce and that he". SEC. 14. Section 24 is amended by inserting in the second sentence thereof, following the word "time", the following: ", upon payment of the prescribed fee and the filing of a verified petition stating the ground therefor,"; and by inserting in the third sentence following the word "Board" the word "which". SEC. 15. Section 29 is amended by deleting the following: "under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register established by this Act, shall" and inserting in lieu thereof the following: "in the Patent Office, may"; and by deleting "so to mark goods bearing the registered mark, or by a registrant under the Act of March 19, 1920, or by the registrant of a mark on the supplemental register provided by this Act" and inserting in lieu thereof "to give such notice of registration,". SEC. 16. Section 30 is amended by striking the word "shall" in the first sentence and insertingUn lieu thereof the word "may"; and by striking therefrom all of said section except the first sentence thereof and inserting in lieu thereof the following: "The applicant may file an application to register a mark for any or all of the goods and services upon or in connection with which he is actually using the mark: Provided, That when such goods or services fall within a plurality of classes, a fee equaling the sum of the fees for filing an application in each class shall be paid, and the Commissioner may issue a single certificate of registration for such mark." SEC. 17. Subsection (1) of section 32 is amended by striking the entire subsection and inserting in lieu thereof the following: "Any person who shall, without the consent of the registrant— " (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or "(b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive.

773

eo Stat. 435. ^^ ^^^ ^°^^15 USC 1092.

is use 1111. 21 Stat. 502. is use si note, 41 Stat. 533. ^^ ^^^ ^^ "°*®* is use 1112.

is use i i u. infringement,

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