[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2192 Introduced in Senate (IS)]







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.

    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.
                                 <all>