Trademarks and the Federal Trade Commission: Hearings Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-sixth Congress, First Session, on H.R. 3685 ... October 17 and 18, 1979 |
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... Chairman JOSEPH L. NELLIS , General Counsel GARNER J. CLINE , Staff Director FRANKLIN G. POLK , Associate Counsel SUBCOMMITTEE ON COURTS , CIVIL LIBERTIES , AND THE ADMINISTRATION OF JUSTICE ROBERT W. KASTENMEIER , Wisconsin , Chairman ...
... Chairman JOSEPH L. NELLIS , General Counsel GARNER J. CLINE , Staff Director FRANKLIN G. POLK , Associate Counsel SUBCOMMITTEE ON COURTS , CIVIL LIBERTIES , AND THE ADMINISTRATION OF JUSTICE ROBERT W. KASTENMEIER , Wisconsin , Chairman ...
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... Chairman JACK BROOKS, Texas ROBERT McCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, Illinois DON EDWARDS, California HAMILTON FISH, Jr., New York JOHN CONYERS, Jr., Michigan M. CALDWELL BUTLER, Virginia JOHN F ...
... Chairman JACK BROOKS, Texas ROBERT McCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, Illinois DON EDWARDS, California HAMILTON FISH, Jr., New York JOHN CONYERS, Jr., Michigan M. CALDWELL BUTLER, Virginia JOHN F ...
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... ( chairman of the subcommittee ) presiding . Present : Representatives Kastenmeier , Danielson , Mazzoli , and Sawyer . Also present : Bruce A. Lehman , chief counsel ; Thomas E. Mooney , associate counsel ; and Audrey Marcus , clerk . Mr ...
... ( chairman of the subcommittee ) presiding . Present : Representatives Kastenmeier , Danielson , Mazzoli , and Sawyer . Also present : Bruce A. Lehman , chief counsel ; Thomas E. Mooney , associate counsel ; and Audrey Marcus , clerk . Mr ...
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... Chairman . I would like to acknowledge particularly your very warm and gra- cious words of welcome . I appreciate the opportunity to appear before the subcommittee this morning to provide background information on the trademark ...
... Chairman . I would like to acknowledge particularly your very warm and gra- cious words of welcome . I appreciate the opportunity to appear before the subcommittee this morning to provide background information on the trademark ...
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... Chairman . I was merely going to say that you will find in it not only additional details but also complete legal references in case anybody wants to check the cita- tions or the authorities to which I will refer , which are in the ...
... Chairman . I was merely going to say that you will find in it not only additional details but also complete legal references in case anybody wants to check the cita- tions or the authorities to which I will refer , which are in the ...
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Common terms and phrases
action advertising amendment antitrust Appeal Board appear application article or substance aspirin authority become the common believe Better Business Bureau bill BREZINA cancellation proceeding Chairman challenge Commission's committee common descriptive name common law competitors CONGRESS THE LIBRARY consumers court DANIELSON DIAMOND DOUGHERTY exclusive right Federal Trade Commission filed Formica Corp Frigidaire FTC's genericicity ground incontestable industry infringement issue KASTENMEIER KLEINMAN laminate Lanham Act legislation LIBRARY OF CONGRESS litigation MAGUIRE manufacturer marketplace Mercurochrome merely descriptive Miller monopoly Patent and Trademark Patent Office percent petition to cancel Principal Register provides public counsel public interest question registered mark SAWYER secondary meaning section 14 seek cancellation shredded wheat statement statute statutory Subcommittee Supplemental Register Teflon Thermos Thomas McCarthy tion Trademark Act trademark holder trademark law Trademark Office trademark owner trademark registration trademark rights Trademark Trial Trial and Appeal TTAB unfair competition USPQ word
Popular passages
Page 76 - ... consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof...
Page 78 - Where a registered mark or a mark sought to be registered is or may be used legitimately by related companies, such use shall inure to the benefit of the registrant or applicant for registration, and such use shall not affect the validity of such mark or of its registration, provided such mark is not used in such manner as to deceive the public.
Page 75 - That the application prescribed in the foregoing section, in order to create any right whatever in favor of the party filing it, must be accompanied by a written declaration verified by the applicant, or by a member of the firm or an officer of the corporation or association...
Page 76 - ... immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute...
Page 75 - Office the filing fee. (c) By complying with such rules or regulations, not inconsistent with law, as may be prescribed by the Commissioner. (d) If the applicant is not domiciled in the United States he shall designate by a written document filed in the Patent Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark.
Page 76 - ... (e) consists of a mark which, (1) when applied to the goods of the applicant is merely descriptive or deceptively misdescriptive of them, or (2) when applied to the goods of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, except as indications of regional origin may be registrable under section 4 hereof, or (3) is primarily merely a surname...
Page 78 - 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...
Page 76 - Commissioner with such conditions and limitations when a court has finally determined that more than one person is entitled to use the same or similar marks in commerce. The Commissioner shall give not less than thirty days...
Page 173 - ... (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...
Page 71 - ... registered under the Act of March 3, 1881, or the Act of February 20, 1905, and has not been published under the provisions of subsection (c) of section...