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105TH CONGRESS

2D SESSION S. 2192

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

IN THE SENATE OF THE UNITED STATES

JUNE 18, 1998

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

to the Committee on the Judiciary

A BILL

To make certain technical corrections to the Trademark Act

of 1946.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TECHNICAL CORRECTIONS TO TRADEMARK

4 ACT OF 1946.

5 (a) IN GENERAL.—The Act entitled ‘‘An Act to pro6 vide for the registration and protection of trademarks used

7 in commerce, to carry out the provisions of certain inter8 national conventions, and for other purposes’’, approved

9 July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred

10 to as the Trademark Act of 1946), is amended as follows:

11 (1) Section 1 (15 U.S.C. 1051) is amended—
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1 (A) in subsection (a)(1)(A), by striking

2 ‘‘goods in connection’’ each place it appears and

3 inserting ‘‘goods on or in connection’’; and

4 (B) in subsection (d)(1)—

5 (i) by inserting ‘‘and,’’ after ‘‘specify6 ing the date of the applicant’s first use of

7 the mark in commerce’’; and

8 (ii) by striking ‘‘and, the mode or

9 manner in which the mark is used on or in

10 connection with such goods or services’’.

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

12 (A) in subsection (e)—

13 (i) in paragraph (3) by striking ‘‘or’’

14 after ‘‘them,’’; and

15 (ii) by inserting before the period at

16 the end the following: ‘‘, or (5) comprises

17 any matter that, as a whole, is functional’’;

18 and

19 (B) in subsection (f), by striking ‘‘para20 graphs (a), (b), (c), (d), and (e)(3)’’ and insert21 ing ‘‘subsections (a), (b), (c), (d), (e)(3), and

22 (e)(5)’’.

23 (3) Section 7(a) (15 U.S.C. 1057(a)) is amend24 ed in the first sentence by striking the second period

25 at the end.
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1 (4) Section 10 (15 U.S.C. 1060) is amended—

2 (A) at the end of the first sentence, by

3 striking the comma before the period; and

4 (B) in the third sentence, by striking the

5 second period at the end.

6 (5) Section 14(3) (15 U.S.C. 1064(3)) is

7 amended by inserting ‘‘or is functional,’’ before ‘‘or

8 has been abandoned’’.

9 (6) Section 23(c) (15 U.S.C. 1091(c)) is

10 amended by striking ‘‘or device’’ and inserting ‘‘, de11 vice, any matter that as a whole is not functional,’’.

12 (7) Section 26 (15 U.S.C. 1094) is amended by

13 striking ‘‘7(c),,’’ and inserting ‘‘, 7(c),’’.

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

15 (A) by striking—

16 ‘‘§ 31. Fees’’;

17 and

18 (B) by striking ‘‘(a)’’ and inserting ‘‘SEC.

19 31. (a)’’.

20 (9) Section 32(1) (15 U.S.C. 1114(1)) is

21 amended by striking ‘‘As used in this subsection’’

22 and inserting ‘‘As used in this paragraph’’.

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

24 amended—
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1 (A) by redesignating paragraph (8) as

2 paragraph (9); and

3 (B) by inserting after paragraph (7) the

4 following:

5 ‘‘(8) That the mark is functional; or’’.

6 (11) Section 39(a) (15 U.S.C. 1121(a)) is

7 amended by striking ‘‘circuit courts’’ and inserting

8 ‘‘courts’’.

9 (12) Section 42 (15 U.S.C. 1124) is amended

10 by striking ‘‘the any domestic’’ and inserting ‘‘any

11 domestic’’.

12 (13) The Act is amended by striking ‘‘trade13 mark’’ each place it appears in the text and the title

14 and inserting ‘‘trademark’’.

15 (b) EFFECTIVE DATE.—The amendments made by

16 this section shall take effect on the date of enactment of

17 this Act, and shall apply only to any civil action filed or

18 proceeding before the United States Patent and Trade19 mark Office commenced on or after such date relating to

20 the registration of a mark.

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