Page:United States Statutes at Large Volume 107 Part 3.djvu/176

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107 STAT. 2114 PUBLIC LAW 103-182—DEC. 8, 1993 proceeding in the Office, a coiurt, or any other competent authority to the same extent as such information could be made available in the United States, the Commissioner, court, or such other authority shall draw appropriate inferences, or take other action permitted by statute, rule, or regulation, in favor of the party that requested the information in the proceeding. "(b) DEFINITION.—As used in this section, the term *NAFTA country* has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act.". SEC. 332. RENTAL RIGHTS IN SOUND RECORDINGS. Section 4 of the Record Rental Amendment of 1984 (17 U.S.C. 109 note) is amended by striking out subsection (c). SEC. 333. NONREGISTRABILnY OF MISLEADING GEOGRAPHIC INDICATIONS. (a) MARKS NOT REGISTRABLE ON THE PRINCIPAL REGISTER. — Section 2 of 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, commonly referred to as the Trademark Act of 1946 (15 U.S.C. 1052(e)), is amended— (1) by amending subsection (e) to read as follows: "(e) Consists of a mark which (1) when used on or in connection with the goods of the applicant is merely descriptive or deceptivelv misdescriptive of them, (2) when used on or in connection vatn the goods of the applicant is primarily geographically descriptive of them, except as indications of regional origin may l>e registrable under section 4, (3) when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them, or (4) is primarily merely a surname.; and (2) in subsection (f)— (A) by striking out "and (d)" and inserting "(d), and (e)(S)"; and (B) by adding at the end the following new sentence: "Nothing in this section shall prevent the registration of a mark which, when used on or in connection with the goods of the applicant, is primarily geographically deceptively misdescriptive of them, and which became distinctive of the applicant's goods in commerce before the date of the enactment of the North American Free Trade Agreement Implementation Act.". (b) SUPPLEMENTAL REGISTER.—Section 23(a) of the Trademark Act of 1946 (15 U.S.C. 1091(a)) is amended— (1) by striking out "and (d)" and inserting "(d), and (e)(3)"; and (2) by adding at the end the following new sentence: "Nothing in this section shall prevent the registration on the supplemental register of a mark, capable of distinguishing the applicant's goods or services and not registrable on the principal register under this Act, that is declared to be unregistrable under section 2(e)(3), if such mark has been in lawful use in commerce by the owner thereof, on or in connection with any goods or services, since before the date of the enactment of the North American Free Trade Agreement Implementation Act.".