Page:United States Statutes at Large Volume 60 Part 1.djvu/471

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444 PUBLIC LAWS-CH. 540 -JULY 5, 1946 [60 STAT. services was performed by members of a union or other organization. The term "collective mark" means a trade-mark or service mark used by the members of a cooperative, an association or other col- lective group or organization and includes marks used to indicate membership in a union, an association or other organization. The term "mark" includes any trade-mark, service mark, collective mark, or certification mark entitled to registration under this Act whether registered or not. Mark deemed to be For the purposes of this Act a mark shall be deemed to be used in commerce (a) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto and the goods are sold or transported in commerce and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce. Markdeemed to be A mark shall be deemed to be "abandoned"- "abandoned. " (a) When its use has been discontinued with intent not to resume. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie abandonment. (b) When any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to lose its signifi- cance as an indication of origin. The term "colorable imitation" includes any mark which so resem- bles a registered mark as to be likely to cause confusion or mistake or to deceive purchasers. The term "registered mark" means a mark registered in the United 21 Stat. 502; 33 States Patent Office under this Act or under the Act of March 3, Stat. 724; 41 Stat. 533 . 15 U. s. C . §§ 81- 1881, or the Act of February 20, 1905, or the Act of March 19, 1920. Inf- pot, 4 p. The phrase "marks registered in the Patent Office" means registered marks. Infra;pot,p . 445 . The term "Act of March 3, 1881", "Act of February 20, 1905", or "Act of March 19, 1920", means the respective Act as amended. A "counterfeit" is a spurious mark which is identical with, or sub- stantially indistinguishable from, a registered mark. Words used in the singular include the plural and vice versa. Intent of Act. The intent of this Act is to regulate commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce; to protect registered marks used in such commence from interference by State, or territorial legislation; to protect persons engaged in such commerce against unfair competition; to prevent fraud and deception in such commerce by the use of repro- ductions, copies, counterfeits, or colorable imitations of registered marks; and to provide rights and remedies stipulated by treaties and conventions respecting trade-marks, trade names, and unfair competi- tion entered into between the United States and foreign nations. TITLE XI-REPEAL OF PREVIOUS ACTS Effectivedate. SEC. 46. (a) This Act shall be in force and take effect one year from its enactment, but except as otherwise herein specifically provided shall not affect any suit, proceeding, or appeal then pending. All Acts and parts of Acts inconsistent herewith are hereby repealed effective one year from the enactment hereof, including the following Acts insofar as they are inconsistent herewith: The Act of Congress 21 Stat. 502. approved March 3, 1881, entitled "An Act to authorize the registra- tion of trade-marks and protect the same"; the Act approved Auust Stat. 2 . 5, 1882, entitled "An Act relating to the registration of trade-marks"; 33 Stat. 724 . the Act of February 20, 1905 (U. S. C ., title 15, sees. 81 to 109, inclu- sive), entitled "An Act to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or