An Act to amend 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, as amended
PL 87-772 (H.R.4333), enacted 10/09/1962

76 STAT.] 
PUBLIC LAW 87-772-OCT. 9, 1962 
769 
Public Law 87-772 
AN ACT 
To amend the Act entitled "An Act to provide for the registration and protection 
f
»
f trademarks used in commerce, to carry out the provisions of certain inter-
national conventions, and for other purposes", approved July 5, 1946, as 
amended. 
October 9,1962 
[H. R. 4333] 
Be it enacted hy the iSenate and House of Representatives 
of the 
United States of America in Congress assembled, That paragraph (1) 
of subsection (a) of section 1 of the Act entitled "An Act to provide 
for tlie 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 (60 Stat. 427), as amended, 
is amended by striking the words "as might be calculated to deceive" 
and inserting in lien thereof "as to be likely, when applied to the goods 
of such other person, to cause confusion, or to cause mistake, or to 
deceive"; and by striking the words "or services" from the proviso 
thereof. 
SEC. 2. Subsection (d) of section 2 is amended by striking the lan-
guage beginning with the word "confusion", first appearance, and 
ending with the word "herewith" at the end of said subsection and 
inserting in lieu tliereof the following: "confusion, or to cause mistake, 
or to deceive: Provided, That when the Commissioner determines that 
confusion, mistake, or deception is not likely to result from the con-
tinued use by more tlian one person of the same or similar marks under 
conditions and limitations as to the mode or place of use of the marks 
or the goods in connection with which such marks are used, concurrent 
registrations may be issued to such persons when they have become 
entitled to use such marks as a result of their concurrent lawful use 
in commerce prior to (i) the earliest of the filing dates of the applica-
tions pending or of any registration issued under this Act; or (ii) 
July 5, 1947, in the case of registrations previously issued under the 
Act of March 3, 1881, or February 20, 1905, and continuing in full 
force and effect on that date; or (iii) July 5, 1947, in the case of 
applications filed under the Act of February 20, 1905, and registered 
aftei- July 5, 1947. Concurrent registrations may also be issued by 
the Commissioner when a court of competent jurisdiction has finally 
determined that more than one person is entitled to use the same or 
similar marks in commerce. In issuing concurrent registrations, the 
(Commissioner shall pi-escribe conditions and limitations as to the mode 
or place of use of the mark or the goods in connection with which such 
mark is registered to the respective persons." 
SEC. 3. Section 6 is amended by striking the entire section and 
inserting in lieu thereof the following: 
"SEC. 6. (a) The Commissioner may require the applicant to disclaim 
an unregisti-able component of a mark otherwise registrable. 
An 
apnlicant may voluntarily disclaim a component of a mark sought 
to be registered. 
"(b) No disclaimer, including those made under paragraph (d) of 
section 7 of this Act, shall prejudice or affect the applicant's or regis-
trant's rights then existing or thereafter arising in the disclaimed 
matter, or his rijjht of registration on another application if the dis-
claimed matter be or shall have become distinctive of his goods or 
services." 
SEC. 4. The first sentence of subsection (a) of section 7 is amended 
by striking therefrom the word "either"; by striking the words "name 
l)rinted" and inserting in lieu thereof the words "signature placed"; 
by striking the words "and attested by an assistant commissioner or 
by one of the law examiners duly designated by the Commissioner," 
and by striking the words "and a record thereof, together with printed 
Trademarks. 
Registration and 
protection. 
15 use 1051. 
Concurrent reg-
istration. 
15 u s e 1052. 
21 Stat. 502. 
33 Stat. 724. 
15 u s e 81 note. 
Unregistrable 
matter, dis-
claimer. 
15 u s e 1056. 
Post, p. 770. 
Registration 
certificates. 
15 u s e 1057. 
78135 0-63—52 
770 
PUBLIC LAW 87-772-OCT. 9, 1962 
[76 STAT. 
Surrender, can-
cellation, or 
amendment. 
Patent Office 
records. 
Mistakes, cor-
rection. 
Registration 
renewal. 
IS u s e 1059. 
60 Stat. 427. 
IS u s e lOSl. 
Assigned regis-
tration, cancel-
lation. 
15 u s e 1060. 
15 u s e 1062. 
copies of the drawing and statement of the applicj\,nt, shall be kept 
in books for that purpose" and inserting in lieu thereof the words 
", and a record thereof shall be kept in the Patent Office." 
The second 
sentence of subsection (a) of section 7 is amended by striking there-
from the word "certificate" and inserting the word "registration" in 
lieu thereof; by striking therefrom the w^ords "the drawing of"; and 
by striking the words "the grant of". 
Subsection (d) of section 7 is amended by striking the entire sub-
section and inserting in lieu thereof the following: 
"Upon applica-
tion of the registrant the Commissioner may permit any registration 
to be surrendered for cancelation, and upon cancelation appropriate 
entry shall be made in the records of the Patent Office. 
Upon appli-
cation of the registrant and payment of the prescribed fee, the Com-
missioner for good cause may permit any registration to be amended 
or to be disclaimed in part: Provided^ That the amendment or dis-
claimer does not alter materially the character of the mark. 
Appro-
priate entry shall be made in the records of the Patent Office and upon 
the certificate of registration or, if said certificate is lost or destroyed, 
upon a certified copy thereof." 
Subsection (e) of section 7 is amended by striking the words "cer-
tificates of"; by adding an "s" to the word "registration"; and striking 
the words "a chief of division" and inserting in lieu thereof "an 
employee of the Office". 
Subsection (f) of section 7 is amended by striking from the first 
sentence the words ", signed by the Commissioner and sealed with the 
seal of the Patent Office"; by striking the w^ord "certificate", second 
occurrence; and by striking the word "certificate", third occurrence, 
and inserting the word "registration" in lieu thereof. 
SEC. 5. Section 9 is amended by striking the entire section and 
inserting in lieu thereof the following: 
"SEC. 9. (a) Each registration may be renewed for periods of 
twenty years from the end of the expiring period upon payment of 
the prescribed fee and the filing of a verified application therefor, 
setting forth those goods or services recited in the registration on or 
in connection with which the mark is still in use in commerce and 
having attached thereto a specimen or facsimile showing current use 
of the mark, or showing that any nonuse is due to special circum-
stances w^hich excuse such nonuse and it is not due to any intention 
to abandon the mark. 
Such application may be made at any time 
within six months before the expiration of the period for which the 
registration was issued or renewed, or it may be made within three 
months after such expiration on payment of the additional fee herein 
prescribed. 
"(b) If the Commissioner refuses to renew the registration, he 
shall notify the registrant of his refusal and the reasons therefor. 
" (c) An applicant for renewal not domiciled in the United States 
shall be subject to and comply with the provisions of section 1(d) 
hereof." 
SEC. 6. Section 10 is amended by changing the colon following the 
word "conducted" to a period and striking the words ''^Pro'vided^ That 
any assigned registration may be canceled at any time if the registered 
mark is oeing used by, or with the permission of, the assignee so as to 
misrepresent the source of the goods or services in connection with 
which the mark is used"; and striking the sentence "The Commis-
sioner shall keep a separate record of such assignments submitted to 
him for recording." and inserting in lieu thereof "A separate record 
of assignments submitted for recording hereunder shall be maintained 
in the Patent Office." 
SEC. 7. Subsection (a) of section 12 is amended by changing the 
period at the end thereof to a colon and inserting after the colon the 
76 STAT.] 
PUBLIC LAW 87-772-OCT. 9, 1962 
771 
following: ''''Provided^ That in the case of an applicant claiming con-
current use, or in the case of an application to be placed in an inter-
ference as provided for in section 16 of this Act, the mark, if otherwise 
registrable, may be published subject to the determination of the rights 
of the parties to such proceedings." 
Subsection (c) of section 12 is amended hj striking therefrom the 
first word of the last sentence and inserting in lieu thereof the words 
•'Marks published under this". 
SEC. 8. Section 13 is amended by striking the words "notice of" each 
occurrence, and by adding at the end thereof the following sentence: 
"An opposition may be amended under such conditions as may be 
prescribed by the Commissioner." 
SEC. 9. Section 14 is amended by striking said section in its entirety 
and inserting in lieu thereof the following: 
"SEC. 14. A verified petition to cancel a registration of a mark, stat-
ing the grounds relied upon, may, upon payment of the prescribed fee, 
be filed by any person who believes that he is or will be damaged by 
the registration of a mark on the principal register established by this 
Act, or under the Act of March 3, 1881, or the Act of February 20, 
1905— 
"(a) within five years from the date of the registration of the 
mark under this Act; or 
"(b) within five years from the date of publication under sec-
' 
tion 12(c) hereof of a mark registered under the Act of March 
3,1881, or the Act of February 20,1905; or 
"(c) at any time if the registered mark becomes the common 
descriptive name of an article or substance, or has been abandoned, 
or its registration was obtained fraudulently or contrary to the 
provisions of section 4 or of subsections (a), (b),or (c) of section 
2 of this Act for a registration hereunder, or contrary to similar 
prohibitory provisions of said prior Acts for a registration there-
under, or if the registered mark is being used by, or with the 
permission of, the registrant so as to misrepresent the source of 
the goods or services in connection with which the mark is used; or 
"(d) at any time if the mark is registered under the Act of 
March 3, 1881, or the Act of February 20,1905, and has not been 
published under the provisions of subsection (c) of section 12 of 
this Act; or 
"(e) at any time in the case of a certification mark on the 
ground that the registrant (1) does not control, or is not able 
legitimately to exercise control over, the use of such mark, or 
(2) engages in the production or martetin^ of any goods or serv-
ices to which the certification mark is applied, or (3) permits the 
use of the certification mark for purposes other than to certify, 
or (4) discriminately refuses to certify or to continue to certify 
the goods or services of any person who maintains the standards 
or conditions which such mark certifies: 
'"''Provided^ That the Federal Trade Commission may apply to cancel 
on the grounds specified in subsections (c) and (e) of this section any 
mark registered on the principal register established by this Act, and 
the prescribed fee shall not be required." 
SEC. 10. Section 15 is amended by striking "(c) and (d)" in the first 
paragraph and inserting in lieu thereof the following: "(c) and (e)". 
Section 15 is amended by striking "or trade name" from paragraph 
numbered (4). 
SEC. 11. Section 16 is amended by striking therefrom the word 
"purchasers". 
SEC. 12. Section 21 is amended by striking the entire section, and 
inserting in lieu thereof the following: 
15 u s e 1066. 
15 u s e 1062. 
15 u s e 1063. 
Registration 
cancellation, 
petition. 
21 Stat. 502. 
33 Stat. 724. 
IS u s e 81 note. 
l o ' s l " ' ^ 1054, 
15 u s e 1065. 
15 u s e 1071, 
772 
PUBLIC LAW 87-772-OCT. 9, 1962 
[76 STAT. 
Appeals, proce- 
"SEC. 21. (a)(1) All applicant for registration of a mark, party 
to an interference proceeding, party to an opposition proceeding, 
party to an application to register as a lawful concurrent user, 
party to a cancellation proceeding, a registrant who has filed an 
15 use 1058. 
affidavit as provided in section 8, or an applicant for renewal, 
who is dissatisfied with the decision of the Commissioner or 
Trademark Trial and Appeal Board, may appeal to the United States 
Court of Customs and Patent Appeals thereby waiving his right to 
proceed under section 21(b) hereof: Provided^ That such appeal shall 
be dismissed if any adverse party to the proceeding, other than the 
Commissioner, shall, within twenty days after the appellant has filed 
notice of appeal according to section 21(a)(2) hereof, files notice 
with the Commissioner that he elects to have all further proceedings 
conducted as provided in section 21 (b) hereof. Thereupon the appel-
lant shall have thirty days thereafter within which to file a civil action 
under said section 21(b), in default of which the decision appealed 
from shall govern the further proceedings in the case. 
"(2) When an appeal is taken to the United States Court of Cus-
toms and Patent Appeals, the appellant shall give notice thereof to 
the Commissioner, and shall file in the Patent Office his reasons of 
appeal, specifically set forth in writing, within such time after the date 
of the decision appealed from, not less than sixty days, as the Com-
missioner appoints. 
"(3) The court shall, before hearing such appeal, give notice of 
the time and place of the hearing to the Commissioner and the parties 
thereto. The Commissioner shall transmit to the court certified copies 
of all the necessary original papers and evidence in the case specified 
by the appellant and any additional papers and evidence specified by 
the appellee, and in an ex parte case the Commissioner shall furnish 
the court with the grounds of the decision of the Patent Office, in 
writing, touching air the points involved by the reasons of appeal. 
"(4) The court shall hear and determine such appeal on the evi-
dence produced before the Patent Office, and the decision shall be 
confined to the points set forth in the reasons of appeal. Upon its 
determination, the court shall return to the Commissioner a certificate 
of its proceedings and decision, which shall be entered of record in the 
Patent Office and govern the further proceedings in the case. 
Civil action. 
"(b) (1) Whenever a person authorized by section 21(a) hereof to 
appeal to the United States Court of Customs and Patent Appeals is 
dissatisfied with the decision of the Commissioner or Trademark Trial 
and Appeal Board, said person may, unless appeal has been taken to 
said Court of Customs and Patent Appeals, have remedy by a civil 
action if commenced within such time after such decision, not less 
than sixty days, as the Commissioner appoints or as provided in 
section 21(a). The court may adjudge that an applicant is entitled 
to a registration upon the application involved, that a registration 
involved should be canceled, or such other matter as the issues in the 
proceeding require, as the facts in the case may appear. Such adjudi-
cation shall authorize the Commissioner to take any necessary action, 
upon compliance with the requirements of law. 
" (2) The Commissioner shall not be made a party to an inter partes 
proceeding under this subsection, but he shall be notified of the filing 
of the complaint by the clerk of the court in which it is filed and shall 
have the right to intervene in the action. 
"(3) In all cases where there is no adverse party, a copy of the 
complaint shall be served on the Commissioner; and all the expenses 
of the proceedings shall be paid by the party bringing them, whether 
the final decision is in his favor or not. In suits brought hereunder, 
the record in the Patent Office shall be admitted on motion of any 
76 STAT.] 
PUBLIC LAW 87-772-OCT. 9, 1962 
773 
party, upon suck terms and conditions as to costs, expenses, and the 
further cross-examination of the witnesses as the court imposes, with-
out prejudice to the right of any party to take further testimony. The 
testimony and exhibits of the record in the Patent Office, w^hen ad-
mitted, shall have the same effect as if originally taken and produced 
in the suit. 
"(4) Where there is an adverse paity, such suit may be instituted 
against the party in interest as shown by the records of the Patent 
Office at the time of the decision complained of, but any party in 
interest may become a party to the action. If there be adverse parties 
residing in a plurality of districts not embraced within the same State, 
or an adverse party residing in a foreign country, the United States 
District Court for the District of Columbia shall have jurisdiction 
and may issue summons against the adverse parties directed to the 
marshal of any district in which any adverse party resides. Summons 
against adverse parties residing in foreign countries may be served 
by publication or otherwise as the court directs." 
SEC. 13. Section 23 is amended by striking from the last paragraph 
eo stat. 435. 
thereof the words "has begun the lawful use of his mark m foreign 
^^ ^^^ ^°^^-
commerce and that he". 
SEC. 14. Section 24 is amended by inserting in the second sentence 
15 use 1092. 
thereof, following the word "time", the following: ", upon payment 
of the prescribed fee and the filing of a verified petition stating the 
ground therefor,"; and by inserting in the third sentence following 
the word "Board" the word "which". 
SEC. 15. Section 29 is amended by deleting the following: "under 
is use 1111. 
the Act of March 3, 1881, or the Act of February 20, 1905, or on the 
21 stat. 502. 
principal register established by this Act, shall" and inserting in lieu 
is use si note, 
thereof the following: "in the Patent Office, may"; and by deleting 
"so to mark goods bearing the registered mark, or by a registrant 
under the Act of March 19,1920, or by the registrant of a mark on the 
41 stat. 533. 
supplemental register provided by this Act" and inserting in lieu 
^^ ^^^ ^^ "°*®* 
thereof "to give such notice of registration,". 
SEC. 16. Section 30 is amended by striking the word "shall" in the 
is use 1112. 
first sentence and insertingUn lieu thereof the word "may"; and by 
striking therefrom all of said section except the first sentence thereof 
and inserting in lieu thereof the following: "The applicant may file 
an application to register a mark for any or all of the goods and 
services upon or in connection with which he is actually using the 
mark: Provided, 
That when such goods or services fall within a 
plurality of classes, a fee equaling the sum of the fees for filing an 
application in each class shall be paid, and the Commissioner may 
issue a single certificate of registration for such mark." 
SEC. 17. Subsection (1) of section 32 is amended by striking the 
is use iiu. 
entire subsection and inserting in lieu thereof the following: 
"Any person who shall, without the consent of the registrant— 
infringement, 
"(a) use in commerce any reproduction, counterfeit, copy, or 
colorable imitation of a registered mark in connection with the 
sale, offering for sale, distribution, or advertising of any goods 
or services on or in connection with which such use is likely to 
cause confusion, or to cause mistake, or to deceive; or 
"(b) reproduce, counterfeit, copy, or colorably imitate a regis-
tered mark and apply such reproduction, counterfeit, copy, or 
colorable imitation to labels, signs, prints, packages, wrappers, 
receptacles or advertisements intended to be used in commerce 
upon or in connection with the sale, offering for sale, distribution, 
or advertising of goods or services on or in connection with which 
such use is likely to cause confusion, or to cause mistake, or to 
deceive. 
774 
PUBLIC LAW 87-772-OCT. 9, 1962 
[76 STAT. 
Registered 
mark. 
60 Stat. 438. 
15 u s e 1115. 
Ante, p. 771. 
Ante, p. 771. 
15 u s e 1117. 
International 
onventions. 
IS u s e 1126. 
Definitions. 
15 u s e 1127, 
shall be liable in a civil action by the registrant for the remedies here-
inafter provided. 
Under subsection (b) hereof, the registrant shall 
not be entitled to recover profits or damages unless the acts have been 
committed with knowledge that such imitation is intended to be used 
to cause confusion, or to cause mistake, or to deceive." 
Paragraph (b) of subsection (2) of section 32 is amended by strik-
ing the word "published" and inserting in lieu thereof the word 
"publisher". 
SEC. 18. Subsection (a) of section 33 is amended by striking there-
from the words "certificate of" in the first line, and changing "certifi-
cate", second appearance, to "registration". 
Subsection (b) of section 33 is amended by striking the word 
"certificate", first appearance, and inserting the word "registration" 
in lieu thereof and by striking therefrom the word "certificate", second 
appearance, and inserting in lieu thereof "affidavit filed under the 
provisions of said section 15". 
Paragraph (3) of subsection (b) of section 33 is amended by strik-
ing therefrom the words "has been assigned and"; and by striking 
therefrom the word "assignee" and inserting in lieu thereof the words 
"registrant or a person in privity with the registrant". 
Paragraph (5) of subsection (b) of section 33 is amended by strik-
ing therefrom the word "the" following the words "date prior to" 
and inserting in lieu thereof the words "registration of the mark 
under this Act or"; by striking therefrom "(a) or" following the 
word "subsection"; and by changing the jjeriod to "; or". 
Paragraph (6) of subsection (b) of section 33 is amended by insert-
ing the words "registration under this Act or" after the word "the", 
second appearance; by striking therefrom " (a) or" following the word 
"subsection", first appearance; by striking from the proviso the words 
"only where the said mark has been published pursuant to subsection 
(c) of section 12 and shall apply"; by striking the words "the date of" 
following the words "prior to in said proviso and inserting in lieu 
thereof "such registration or such"; by striking therefrom the words 
"under subsection (a) or (c) of section 12 of this Act"; and by 
changing the period to "; or". 
SEC. 19. Section 35 is amended by striking "31(1) (b)" and inserting 
in lieu thereof "32". 
SEC. 20. Subsection (b) of section 44 is amended by striking said 
subsection in its entirety and inserting in lieu thereof the following: 
"(b) Any person whose country of origin is a party to any conven-
tion or treaty relating to trademarks, trade or commercial names, or 
the repression of unfair competition, to which the United States is also 
a party, or extends reciprocal rights to nationals of the United States 
by law, shall be entitled to the benefits of this section under the condi-
tions expressed herein to the extent necessary to give effect to any 
provision of such convention, treaty or reciprocal law, in addition to 
the rights to which any owner of a mark is otherwise entitled by this 
Act." 
Subsection (e) of section 44 is amended by inserting after the word 
"a" in the second sentence the words "certification or a"; and by strik-
ing from said second sentence the words "application for or". 
SEC. 21. Section 46 is amended as follows: The sixth paragraph of 
said section, relating to the definition of "applicant, registrant", is 
amended by changing "and", second appearance, to ", predecessors,". 
The ninth paragraph of said section, relating to the meaning of the 
terms "trade name" and "commercial name", is amended by inserting 
a comma between the words "commercial" and "agricultural". 
The eleventh paragraph of said section, being the definition of "serv-
ice mark", is amended by striking the definition in its entirety and 
inserting in lieu thereof: 
76 STAT.] 
PUBLIC LAW 87-774-OCT.9, 1962 
775 
"The term 'service mark' means a mark used in the sale or advertis-
ing of services to identify the services of one person and distinguish 
them from the services of others. Titles, character names and other 
distinctive features of radio or television programs may be registered 
as service marks notwithstanding that they, or the programs, may 
advertise the goods of the sponsor. 
The fifteenth paragraph of said section, relating to use in commerce, 
is amended by changing the period at the end of said paragraph to 
a comma and adding the words "or the services are rendered in more 
than one State or in this and a foreign country and the person render-
ing the services is engaged in commerce in connection therewith." 
The seventeenth paragraph of said section, relating to the meaning 
of the term "colorable imitation", is amended by changing "terms" to 
"term" and deleting the word "purchasers" at the end thereof. 
The final paragraph of said section is amended by striking there-
from the word "commence" and inserting in lieu thereof the word 
"commerce". 
Approved October 9, 1962. 
Public Law 87-773 
AN ACT 
October 9, 1962 
To provide criminal penalties for trafficking in phonograph records bearing 
[H. R. 11793] 
forged or counterfeit labels. 
Be it enacted hy the Senate and House of Representatives 
of the 
United Stages of America in Congress assembled, That chapter 113, 
title 18, United States Code, as amended, is further amended by adding 
at the end thereof the following new section: 
''§2318. Transportation, sale, or receipt of phonograph records 
bearing forged or counterfeit labels 
"Whoever knowingly and with fraudulent intent transports, causes 
to be transported, receives, sells, or offers for sale in interstate or 
foreign commerce any phonograph record, disk, wire, tape, film, or 
other article on which sounds are recorded, to which or upon which 
is stamped, pasted, or affixed any forged or counterfeited label, know-
ing the label to have been falsely made, forged, or counterfeited, shall 
be fined not more than $1,000 or imprisoned not more than one year, 
or both." 
SEC. 2. The chapter analysis of chapter 113, title 18, United States 
Code, is amended by adding at the end thereof the following: 
"Sec. 2318. Transportation, sale, or receipt of phonograph records bearing forged 
or counterfeit labels." 
Approved October 9, 1962. 
Phonograph 
records bearing 
forged labels. 
Penalty for 
transportation. 
Public Law 87-774 
AN ACT 
To eliminate the requirements for certain detailed estimates in the annual 
budgets. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in (congress assembled, That subsection (d) 
of section 5 of the Act of July 16, 1914, as amended by section 16 of 
the Administrative Expenses Act of 1946 (5 U.S.C. 78(d)) is 
repealed. 
Approved October 9, 1962. 
October 9, 1962 
[H. R. 10613] 
60 Stat. 810. 
Repeal.