Page:United States Statutes at Large Volume 60 Part 1.djvu/457

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PUBLIC LAWS-CH. 540-JULY 5, 1946 applicant's or owner's rights of registration on another application of ,later date if the disclaimed matter has become distinctive of the appli- cant's or owner's goods or services. CERTIFICATES Issuance. Evidence of valid- ity of registration, etc. Change of owner- ship. Amendment, etc.. of registration. Copies of records, etc. Certificate of cor- rection. SEC. 7 . (a) Certificates of registration of marks registered upon the principal register shall be issued in the name of the United States of America, under the seal of the Patent Office, and shall either be signed by the Commissioner or have his name printed thereon and attested by an assistant commissioner or by one of the law examiners duly designated by the Commissioner, and a record thereof, together with printed copies of the drawing and statement of the applicant, shall be kept in books for that purpose. The certificate shall repro- duce the drawing of the mark, contain the statement of the applicant and state that the mark is registered on the principal register under this Act, the date of the first use of the mark, the date of the first use of the mark in commerce, the particular goods or services for which it is registered, the number and date of the registration, the term thereof, the date on which the application for registration was received in the Patent Office, and any conditions and limitations that may be imposed in the grant of the registration. (b) A certificate of registration of a mark upon the principal regis- ter provided by this Act shall be prima facie evidence of the validity of the registration, registrant's ownership of the mark, and of regis- trant's exclusive right to use the mark in commerce in connection with the goods or services specified in the certificate, subject to any condi- tions and limitations stated therein. (c) A certificate of registration of a mark may be issued to the assignee of the applicant, but the assignment must first be recorded in the Patent Office. In case of change of ownership the Commissioner shall, at the request of the owner and upon a proper showing and the payment of the fee herein provided, issue to such assignee a new certificate of registration of the said mark in the name of such assignee, and for the unexpired part of the original period. (d) At any time, upon application of the registrant and payment of the fee herein provided, the Commissioner may permit any reg- istration in the Patent Office to be surrendered, canceled, or for good cause to be amended, and he may permit any registered mark to be disclaimed in whole or in part: Provided,That the registration when so amended shall still contain registrable matter and the mark as amended shall still be registrable as a whole, and that such amend- ment or disclaimer does not involve such changes in the registration as to alter materially the character of the mark. The Commissioner shall make appropriate entry upon the records of the Patent Office and upon the certificate of registration or, if said certificate is lost or destroyed, upon a certified copy thereof. (e) Copies of any records, books, papers, or drawings belonging to the Patent Office relating to marks, and copies of certificates of reg- istration, when authenticated by the seal of the Patent Office and certified by the Commissioner, or in his name by a chief of division duly designated by the Commissioner, shall be evidence in all cases wherein the originals would be evidence; and any person making application therefor and paying the fee required by law shall have such copies. (f) Whenever a material mistake in a registration, incurred through the fault of the Patent Office, is clearly disclosed by the records of the Office a certificate stating the fact and nature of such mistake, signed by the Commissioner and sealed with the seal of the Patent Office, shall be issued without charge and recorded and a printed copy 430 [60 STAT.