H.R. 8826

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Act entitled ''An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of international conventions, and for other purposes.'' approved July 5, 1946 (60 Stat. 427), is amended as follows:

(a) Section 17 (15 U.S.C. 1067) is amended by

 

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striking the words ''the examiner in charge of interferences'' and substituting in lieu thereof ''a Trademark Trial and Appeal Board (consisting of three members).''

(b) Section 20 (15 U.S.C. 1070) is amended (1) by striking the words ''Commissioner in person'' and substituting in lieu thereof ''Trademark Trial and Appeal Board'': (2) by striking the words ''or interferences or''; and (3) by changing the word ''fees'' to ''fee.''

(c) Section 21 (15 U.S.C. 1071) is amended (1) by inserting after the word ''Commissioner'' first occurrence in the first sentence, the words ''or the Trademark Trial and Appeal Board.'' and (2) by striking the word ''Commissioner'' in the proviso in the first sentence and substituting in lieu thereof ''Trademark Trial and Appeal Board.''

(d) Section 24 (15 U.S.C. 1092) is amended (1) by striking the words ''examiner in charge of interferences, who'' in the third sentence and substituting in lieu thereof ''Trademark Trial and Appeal Board, which'' and

(2) by striking the word ''examiner'' in the fourth sentence and substituting in lieu thereof the word ''Board.''

(e) Section 31 (15 U.S.C. 1113) is amended (1) by striking the words ''to the Commissioner'' in the phrase ''on appeal from an examiner in charge of the registration of marks to the Commissioner, $25,'' and (2) by striking

 

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the phrase ''on appeal from an examiner in charge of interferences to the Commissioner, $25.''

 

SEC. 2. The provisions of this Act shall be subject to Reorganization Plan No. 5 of 1950 (64 Stat. 1263).

 

SEC. 3. This Act shall take effect on approval: it shall apply to exparte appeals taken to the Commissioner prior to the date of approval which have not been heard or decided, but shall not apply to any such appeal which has been heard or decided in which event further proceedings may be had as though this Act had not been passed; it shall apply to inter partes cases instituted prior to the date of approval which have not been heard or decided by an examiner of interferences, but shall not apply to any such case which has been heard or decided by an examiner of interferences in which event further proceedings may be had as though this Act had not passed.