Page:United States Statutes at Large Volume 112 Part 5.djvu/307

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PUBLIC LAW 105-330 —OCT. 30, 1998 112 STAT. 3065 "(C) the mark is in use in commerce; and "(D) to the best of the verifier's knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall— "(i) state exceptions to the claim of exclusive use; and "(ii) shall specify, to the extent of the verifier's knowledge— "(I) any concurrent use by others; "(II) the goods on or in connection with which and the areas in which each concurrent use exists; "(III) the periods of each use; and "(IV) the goods and area for which the applicant desires registration. "(4) The applicant shall comply with such rules or regulations as may be prescribed by the Commissioner. The Commissioner Regulations. shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.". (b) APPLICATION FOR BONA FIDE INTENTION TO USE TRADE- MARK.— Subsection (b) of section 1 of the Trademark Act of 1946 (15 U.S.C. 1051(b)) is eunended to read as follows: "(b)(1) A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by pa)ang the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Commissioner. " (2) The application shall include specification of the applicant's domicile and citizenship, the goods in connection with which the applicant has a bona fide intention to use the mark, and a drawing of the mark. "(3) The statement shall be verified by the applicant and specify— "(A) that the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be entitled to use the mark in commerce; "(B) the applicant's bona fide intention to use the mark in commerce; "(C) that, to the best of the verifier's knowledge and belief, the facts recited in the application are accurate; and "(D) that, to the best of the verifier's knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive. Except for applications filed pursuant to section 44, no msirk shall be registered until the applicant has met the requirements of subsections (c) and (d) of this section. "(4) The applicant shall comply with such rules or regulations as may be prescribed by the Commissioner. The Commissioner Regulations.