Page:United States Statutes at Large Volume 98 Part 3.djvu/963

 PUBLIC LAW 98-620—NOV. 8, 1984

98 STAT. 3335

Public Law 98-620 98th Congress An Act To amend title 28. United States Code, with respect to the places where court shall be held in certain judicial districts, and for other purposes.

Nov. 8, 1984 [H.R. 6163]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SHORT TITLE

SEC. 101. This title may be cited as the "Trademark Clarification Act of 1984 ".

Trademark Clarification Act of 1984.

15 USC 1051 note.

AMENDMENT TO THE TRADEMARK ACT

SEC. 102. Section 14(c) of the Trademark Act of 1946, commonly known as the Lanham Trademark Act (15 U.S.C. 1064(c)) is amended by adding before the semicolon at the end of such section a period and the following: "A registered mark shall not be deemed to be the common descriptive name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the common descriptive name of goods or services in connection v-^ith which it has been used". DEFINITIONS

SEC. 103. Section 45 of such Act (15 U.S.C. 1127) is amended as follows: (1) Strike out "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." and insert in lieu thereof the following: "The term 'trademark' includes any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.". (2) Strike out "The term 'service mark' means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others." and insert in lieu thereof the following: "The term 'service mark' means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown.".

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