Laws: Cases and Codes : U.S. Code : Title 15 : Section 1051
|
U.S. Code as of:
01/19/04
Section 1051 - Notes
SOURCE
(July 5, 1946, ch. 540, title I, Sec. 1, 60 Stat. 427; Pub. L.
87-772, Sec. 1, Oct. 9, 1962, 76 Stat. 769; Pub. L. 93-596, Sec. 1,
Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100-667, title I, Sec. 103,
Nov. 16, 1988, 102 Stat. 3935; Pub. L. 105-330, title I, Sec. 103,
title II, Sec. 201(a), Oct. 30, 1998, 112 Stat. 3064, 3069; Pub. L.
106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(1)(B)],
Nov. 29, 1999, 113 Stat. 1536, 1501A-583; Pub. L. 107-273, div. C,
title III, Sec. 13207(b)(1), (2), Nov. 2, 2002, 116 Stat. 1906.)
PRIOR PROVISIONS
Subsecs. (a) to (c) are from acts Feb. 20, 1905, ch. 592, Secs.
1, 2, 33 Stat. 724; May 4, 1906, ch. 2081, Sec. 1, 34 Stat. 168;
Feb. 18, 1909, ch. 144, 35 Stat. 628; Apr. 11, 1930, ch. 132, Sec.
4, 46 Stat. 155; June 10, 1938, ch. 332, Sec. 1, 52 Stat. 638.
Subsec. (d) is from act Feb. 20, 1905, ch. 592, Sec. 3, 33 Stat.
725.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of Commerce to Secretary of Commerce, with
certain exceptions, see Reorg. Plan No. 5 of 1950, Secs. 1, 2, eff.
May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix
to Title 5, Government Organization and Employees.
PENDING PROCEEDINGS AND EXISTING REGISTRATION AND RIGHTS UNDER
PRIOR ACTS
Section 46(a) of act July 5, 1946, provided in part that this
chapter, except as otherwise specifically provided therein, shall
not affect any suit, proceeding or appeal pending on the effective
date of this chapter and that the repeal of all inconsistent acts
"shall not affect the validity of registrations granted or applied
for under any of said Acts prior to the effective date of this Act
[July 5, 1947], or rights or remedies thereunder except as provided
in sections 8, 12, 14, 15, and 47 of this Act [sections 1058, 1062,
1064, and 1065 of this title and note under this section]."
Sections 46(b) and 47 of act July 5, 1946, provided:
"(b) Registrations now existing under the Act of March 3, 1881,
or the Act of February 20, 1905 [sections 81 to 109 of this title],
shall continue in full force and effect for the unexpired terms
thereof and may be renewed under the provisions of section 9 of
this Act [section 1059 of this title]. Such registrations and the
renewals thereof shall be subject to and shall be entitled to the
benefits of the provisions of this Act [this chapter] to the same
extent and with the same force and effect as though registered on
the principal register established by this Act [this chapter]
except as limited in sections 8, 12, 14, and 15 of this Act
[sections 1058, 1062, 1064, 1065, of this title]. Marks registered
under the 'ten-year proviso' of section 5 of the Act of February
20, 1905, as amended [former section 85 of this title], shall be
deemed to have become distinctive of the registrant's goods in
commerce under paragraph (f) of section 2 of this Act [section 1052
of this title] and may be renewed under section 9 hereof [section
1059 of this title] as marks coming within said paragraph.
"Registrations now existing under the Act of March 19, 1920
[former sections 121 to 128 of this title], shall expire six months
after the effective date of this Act [July 5, 1947], or twenty
years from the dates of their registrations, whichever date is
later. Such registrations shall be subject to and entitled to the
benefits of the provisions of this Act [this chapter] relating to
marks registered on the supplemental register established by this
Act [this chapter], and may not be renewed unless renewal is
required to support foreign registrations. In that event renewal
may be effected on the supplemental register under the provisions
of section 9 of this Act [section 1059 of this title].
"Marks registered under previous Acts may, if eligible, also be
registered under this Act [this chapter].
"Sec. 47. (a) All applications for registration pending in the
Patent Office at the effective date of this Act [July 5, 1947] may
be amended, if practicable, to bring them under the provisions of
this Act [this chapter]. The prosecution of such applications so
amended and the grant of registrations thereon shall be proceeded
with in accordance with the provisions of this Act [this chapter].
If such amendments are not made, the prosecution of said
applications shall be proceeded with and registrations thereon
granted in accordance with the Acts under which said applications
were filed, and said Acts are hereby continued in force to this
extent and for this purpose only, notwithstanding the foregoing
general repeal thereof.
"(b) In any case in which an appeal is pending before the United
States Court of Customs and Patent Appeals or any United States
Circuit Court of Appeals or the United States Court of Appeals for
the District of Columbia or the United States Supreme Court at the
effective date of this Act [July 5, 1947], the court, if it be of
the opinion that the provisions of this Act [this chapter] are
applicable to the subject matter of the appeal, may apply such
provision or may remand the case to the Commissioner [now Director]
or to the district court for the taking of additional evidence or a
new trial or for reconsideration of the decision on the record as
made, as the appellate court may deem proper."
Section 49 of said act July 5, 1946, provided: "Nothing herein
[in this chapter] shall adversely affect the rights or the
enforcement of rights in marks acquired in good faith prior to the
effective date of this Act [July 5, 1947]."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1060, 1062, 1063, 1068,
1071, 1091, 1092, 1094, 1126, 1141j of this title.
|
Ads by FindLaw