H.R. 8981

Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled.

 

SECTION 1. Section 13 of the Trademark Act of 1946 (60 Stat. 427), as amended, is amended by deleting the second sentence and substituting therefor: ''Upon written request prior to the expiration of the thirty--day period, the time for filing opposition shall be extended for an additional thirty days, and further extensions of time for filing opposition may be granted by the Commissioner for good cause. The Com-

 

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missioner shall notify the applicant of each extension of the time for filing opposition.''

 

SEC. 2. Section 21 of the Trademark Act of 1946 (60 Stat. 427), as amended, is amended by deleting subsections (2), (3), and (4) from paragraph (a) and substituting therefor:

''(2) Such and appeal to the United States Court of Customs and Patent Appeals shall be taken by filing a notice of appeal with the Commissioner, within sixty days after the date of the decision appealed from or such longer time after said date as the Commissioner appoints. The notice of such appeal shall specify the party or parties taking the appeal, shall designate the decision or part thereof appealed from, and shall state that the appeal is taken to said court.

''(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 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 a brief explaining the grounds of the decision of the Patent Office, touching all the points involved in the appeal.

 

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''(4) The court shall decide appeal on the evidence produced before the Patent Office. 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 further proceedings in the case''.

 

SEC. 3. Section 35 of the Trademark Act of 1946 (60 Stat. 427), as amended is amended by adding the following sentence at the end thereof: ''The court in exceptional cases may award reasonable attorney fees to the prevailing party.''.

 

SEC. 4. This Act shall become effective upon enactment, but shall not affect any suit proceeding or appeal then pending.