Page:United States Statutes at Large Volume 60 Part 1.djvu/462

This page needs to be proofread.

60 STAT.] 79TH CONG. , 2D SESS.-CH. 540-JULY 5, 1946 SEC. 20. An appeal may be taken to the Commissioner in person from any final decision of the examiner in charge of interferences or of the registration of marks upon the payment of the prescribed fees. SEC. 21. Any applicant for registration of a mark, party to an interference proceeding, party to an opposition proceeding, party to an application to register as a lawful concurrent user, party to a cancelation proceeding, or any registrant who has filed an affidavit as provided in section 8, who is dissatisfied with the decision of the Commissioner may appeal to the United States Court of Customs and Patent Appeals or may proceed under section 4915, Revised Statutes, as in the case of applicants for patents, under the same conditions, rules, and procedure as are prescribed in the case of patent appeals or proceedings so far as they are applicable: Provided, That any party who is satisfied with the decision of the Commissioner shall, upon the filing of an appeal to the Court of Customs and Patent Appeals by any dissatisfied party, have the right to elect to have all further proceedings under Revised Statutes 4915, by election as pro- vided in Revised Statutes 4911. The Commissioner of Patents shall not be a necessary party to an inter partes proceeding under Revised Statutes 4915, but he shall be notified of the filing of the bill by the clerk of the court in which it is filed and the Commissioner shall have the right to intervene in the action. REGISTRATION IS NOTICE SEC. 22. Registration of a mark on the principal register provided by this Act or under the Act of March 3, 1881, or the Act of February 20, 1905, shall be constructive notice of the registrant's claim of own- ership thereof. 435 Appeals. Ante, p. 431. 35 U.S.C. 63. 35U. S.C. §63, 59a. 21 Stat. 502; 33 Stat. 724. 15U. .C.§81-109. Post, p. 444. TITLE II-THE SUPPLEMENTAL REGISTER SEC. 23. In addition to the principal register, the Commissioner shall keep a continuation of the register provided in paragraph (b) of section 1 of the Act of March 19, 1920, entitled "An Act to give effect to certain provisions of the convention for the protection of trade-marks and commercial names, made and signed in the city of Buenos Aires, in the Argentine Republic, August 20, 1910, and for other purposes", to be called the supplemental register. All marks capable of distinguishing applicant's goods or services and not reg- istrable on the principal register herein provided, except those declared to be unregistrable under paragraphs (a), (b), (c), and (d) of section 2 of this Act, which have been in lawful use in commerce by the proprietor thereof, upon or in connection with any goods or services for the year preceding the filing of the application may be registered on the supplemental register upon the payment of the prescribed fee and compliance with the provisions of section 1 so far as they are applicable. Upon the filing of an application for registration on the supple- mental register and payment of the fee herein provided the Commis- sioner shall refer the application to the examiner in charge of the registration of marks, who shall cause an examination to be made and if on such examination it shall appear that the applicant is entitled to registration, the registration shall be granted. If the applicant is found not entitled to registration the provisions of subsection (b) of section 12 of this Act shall apply. For the purposes of registration on the supplemental register, a mark may consist of any trade-mark, symbol, label, package, configura- tion of goods, name, word, slogan, phrase, surname, geographical name, 41 Stat. 533. 15 U. S. C. §121(b). Post, p . 445. Ante, p. 428. Ante, p. 427. Examination. Ante, p. 432. Nature of mark.