June 18, 1998

Mr. HATCH introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

July 16, 1998

Reported by Mr. HATCH, without amendment

 

A BILL

To make certain technical corrections to the Trademark Act of 1946.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled,

SECTION 1. TECHNICAL CORRECTIONS TO TRADEMARK ACT OF 1946.

(a) IN GENERAL- 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 (15 U.S.C. 1051 et seq.) (commonly referred to as the Trademark Act of

1946), is amended as follows:

(1) Section 1 (15 U.S.C. 1051) is amended--

(A) in subsection (a)(1)(A), by striking `goods in connection' each

place it appears and inserting `goods on or in connection'; and

(B) in subsection (d)(1)--

(i) by inserting `and,' after `specifying the date of the

applicant's first use of the mark in commerce'; and

(ii) by striking `and, the mode or manner in which the mark is

used on or in connection with such goods or services'.

(2) Section 2 (15 U.S.C. 1052) is amended--

(A) in subsection (e)--

(i) in paragraph (3) by striking `or' after `them,'; and

(ii) by inserting before the period at the end the following: `,

or (5) comprises any matter that, as a whole, is functional';

and

(B) in subsection (f), by striking `paragraphs (a), (b), (c), (d),

and (e)(3)' and inserting `subsections (a), (b), (c), (d), (e)(3),

and (e)(5)'.

(3) Section 7(a) (15 U.S.C. 1057(a)) is amended in the first sentence by

striking the second period at the end.

(4) Section 10 (15 U.S.C. 1060) is amended--

(A) at the end of the first sentence, by striking the comma before

the period; and

(B) in the third sentence, by striking the second period at the end.

(5) Section 14(3) (15 U.S.C. 1064(3)) is amended by inserting `or is

functional,' before `or has been abandoned'.

(6) Section 23(c) (15 U.S.C. 1091(c)) is amended by striking `or device'

and inserting `, device, any matter that as a whole is not functional,'.

(7) Section 26 (15 U.S.C. 1094) is amended by striking `7(c),,' and

inserting `, 7(c),'.

(8) Section 31 (15 U.S.C. 1113) is amended--

(A) by striking--

`Sec. 31. Fees';

and

(B) by striking `(a)' and inserting `SEC. 31. (a)'.

(9) Section 32(1) (15 U.S.C. 1114(1)) is amended by striking `As used in

this subsection' and inserting `As used in this paragraph'.

(10) Section 33(b) (15 U.S.C. 1115(b)) is amended--

(A) by redesignating paragraph (8) as paragraph (9); and

(B) by inserting after paragraph (7) the following:

`(8) That the mark is functional; or'.

(11) Section 39(a) (15 U.S.C. 1121(a)) is amended by striking `circuit

courts' and inserting `courts'.

(12) Section 42 (15 U.S.C. 1124) is amended by striking `the any

domestic' and inserting `any domestic'.

(13) The Act is amended by striking `trade-mark' each place it appears

in the text and the title and inserting `trademark'.

(b) EFFECTIVE DATE- The amendments made by this section shall take effect on

the date of enactment of this Act, and shall apply only to any civil action

filed or proceeding before the United States Patent and Trademark Office

commenced on or after such date relating to the registration of a mark.

A BILL

To make certain technical corrections to the Trademark Act of 1946.

 

 

July 16, 1998

Reported without amendment

END