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Public Law 111–146 111th Congress

Mar. 17, 2010
[S. 2968]

An Act

To make certain technical and conforming amendments to the Lanham Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Trademark Technical and Conforming Amendment Act of 2010.

SECTION 1. SHORT TITLE.

This Act may be cited as the Trademark Technical and Conforming Amendment Act of 2010..

15 USC 1051 note. SEC. 2. DEFINITION.

For purposes of this Act, the term Trademark Act of 1946 means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 (commonly referred to as the Lanham Act; 15 U.S.C. 1051 et. seq).

3. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Certificates of Registration.—Section 7 of the Trademark Act of 1946 (15 U.S.C. 1057) is amended—

(1) by inserting United States before Patent and Trademark Office each place that term appears;

(2) in subsection (b), by striking "registrant's" each place that appears and inserting "owner's";

(3) in subsection (e)—

(A) by striking "registrant" each place that term appears and inserting "owner"; and

(B) in the third sentence, by striking "or, if said certificate is lost or destroyed, upon a certified copy thereof"; and

(4) by amending subsection (g) to read as follows:

Certification.

"(g) Correction of Patent and Trademark Office Mistake.—Whenever a material mistake in a registration, incurred through the fault of the United States Patent and Trademark Office, is clearly disclosed by the records of the Office a certificate stating the fact and nature of such mistake shall be issued without charge and recorded and a printed copy thereof shall be attached to each printed copy of the registration and such corrected registration shall thereafter have the same effect as if the same had been originally issued in such corrected form, or in the discretion of the Director a new certificate of registration may be issued without charge. All certificates of correction heretofore issued in accordance with the rules of the United States Patent and Trademark Office and the registrations to which they are attached shall