Page:United States Statutes at Large Volume 105 Part 2.djvu/688

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


105 STAT. 1640 PUBLIC LAW 102-204—DEC. 10, 1991 Effective date. Federal Register, publication. 15 USC 1113 note. Effective date. Federal Register, publication. "§ 41. Patent fees; patent and trademark search systems". (B) The items in the table of sections at the beginning of chapter 4 of title 35, United States Code, are amended to read as follows: "41. Patent fees; patent and trademark search systems. "42. Patent and Trademark Office funding.". (C) The chapter heading for chapter 4 of title 35, United States Code, is amended to read as follows: "CHAPTER 4—PATENT FEES; FUNDING; SEARCH SYSTEMS". (D) The items relating to chapters 3 and 4 in the table of chapters for part I of title 35, United States Code, are amended to read as follows: "3. Practice before Patent and Trademark Office 31 "4. Patent Fees; Funding; Search Systems 41". (e) USE OF FEES. — Subsection 42(c) of title 35, United States Code is amended to read as follows: "(c) Revenues from fees shall be available to the Commissioner to carry out, to the extent provided in appropriation Acts, the activities of the Patent and Trademark Office. Fees available to the Commissioner under section 31 of the Trademark Act of 1946 may be used only for the processing of trademark registrations and for other activities, services, and materials relating to trademarks and to cover a proportionate share of the administrative costs of the Patent and Trademark Office.". (f) TRADEMARK FEES. —(1) Section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) is amended to read as follows: "(a) The Commissioner shall establish fees for the filing and processing of an application for the registration of a trademark or other mark and for all other services performed by and materials furnished by the Patent and Trademark Office related to trademarks and other marks. Fees established under this subsection may be adjusted by the Commissioner once each year to reflect, in the aggregate, any fluctuations during the preceding 12 months in the Consumer Price Index, as determined by the Secretary of Labor. Changes of less than 1 percent may be ignored. No fee established under this section shall take effect until at least 30 days after notice of the fee has been published in the Federal Register and in the Official Gazette of the Patent and Trademark Office.". (2) Fees established by the Commissioner of Patents and Trademarks under section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) during fiscal year 1992— (A) may, notwithstanding the second sentence of such section 31(a), reflect fluctuations during the preceding 3 years in the Consumer Price Index; and (B) may take effect on or after 1 day after such fees are published in the Federal Register. The last sentence of section 31(a) of the Trademark Act of 1946 and section 553 of title 5, United States Code, shall not apply to the establishment of such fees during fiscal year 1992. (g) INTERNATIONAL APPLICATION FEES.— (1) Section 376 of title 35, United States Code, is amended— (A) in subsection (a)—