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U.S. Code as of:
01/19/04
Section 1306. Design notice
(a) Contents of Design Notice. - (1) Whenever any design for
which protection is sought under this chapter is made public under
section 1310(b), the owner of the design shall, subject to the
provisions of section 1307, mark it or have it marked legibly with
a design notice consisting of -
(A) the words "Protected Design", the abbreviation "Prot'd
Des.", or the letter "D" with a circle, or the symbol "*D*";
(B) the year of the date on which protection for the design
commenced; and
(C) the name of the owner, an abbreviation by which the name
can be recognized, or a generally accepted alternative
designation of the owner.
Any distinctive identification of the owner may be used for
purposes of subparagraph (C) if it has been recorded by the
Administrator before the design marked with such identification is
registered.
(2) After registration, the registration number may be used
instead of the elements specified in subparagraphs (B) and (C) of
paragraph (1).
(b) Location of Notice. - The design notice shall be so located
and applied as to give reasonable notice of design protection while
the useful article embodying the design is passing through its
normal channels of commerce.
(c) Subsequent Removal of Notice. - When the owner of a design
has complied with the provisions of this section, protection under
this chapter shall not be affected by the removal, destruction, or
obliteration by others of the design notice on an article.
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