Page:United States Statutes at Large Volume 60 Part 1.djvu/472

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60 STAT.] 79TH CONG. , 2D SESS.-CH. 540 --JULY 5, 1946 with Indian tribes, and to protect the same", and the amendments thereto by the Acts of May 4,1906 (U. S. C., title 15, secs. 131 and 132; 34 Stat. 169), March 2, 1907 (34 Stat. 1251, 1252), February 18, 1909 (35 Stat. 627, 628), February 18, 1911 (36 Stat. 918), January 8, 1913 (37 Stat. 649), June 7, 1924 (43 Stat. 647), March 4, 1925 (43 Stat. 1268, 1269), April 11, 1930 (46 Stat. 155), June 10, 1938 (Public, Num- bered 586, Seventy-fifth Congress, ch. 332, third session) ; the Act of March 19, 1920 (U. S. C., title 15, secs. 121 to 128, inclusive), 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", and the amendments thereto, including the Act of June 10, 1938 (Public, Numbered 586, Seventy-fifth Con- gress, ch. 332, third session): Provided, That this repeal shall not affect the validity of registrations granted or applied for under any of said Acts prior to the effective date of this Act, or rights or remedies thereunder except as provided in sections 8, 12, 14, 15, and 47 of this Act; but nothing contained in this Act shall be construed as limiting, restricting, modifying, or repealing any statute in force on the effective date of this Act which does not relate to trade-marks, or as restrict- ing or increasing the authority of any Federal department or regu- latory agency except as may be specifically provided in this Act. (b) Registrations now existing under the Act of March 3, 1881, or the Act of February 20, 1905, shall continue in full force and effect for the unexpired terms thereof and may be renewed under the provisions of section 9 of this Act. Such registrations and the renewals thereof shall be subject to and shall be entitled to the benefits of the provisions of this Act to the same extent and with the same force and effect as though registered on the principal register established by this Act except as limited in sections 8, 12, 14, and 15 of this Act. Marks regis- tered under the "ten-year proviso" of section 5 of the Act of February 20,1905, as amended, shall be deemed to have become distinctive of the registrant's goods in commerce under paragraph (f) of section 2 of this Act and may be renewed under section 9 hereof as marks coming within said paragraph. Registrations now existing under the Act of March 19, 1920, shall expire six months after the effective date of this Act, or twenty years from the dates of their registrations, whichever date is later. Such registrations shall be subject to and entitled to the benefits of the pro- visions of this Act relating to marks registered on the supplemental register established by this Act, and may not be renewed unless renewal is required to support foreign registrations. In that event renewal may be effected on the supplemental register under the provisions of section 9 of this Act. Marks registered under previous Acts may, if eligible, also be regis- tered under this Act. SEC. 47. (a) All applications for registration pending in the Patent Office at the effective date of this Act may be amended, if practicable, to bring them under the provisions of this Act. The prosecution of such applications so amended and the grant of registrations thereon shall be proceeded with in accordance with the provisions of this Act. If such amendments are not made, the prosecution of said applications shall be proceeded with and registrations thereon granted in accord- ance with the Acts under which said applications were filed, and said Acts are hereby continued in force to this extent and for this purpose only, notwithstanding the foregoing general repeal thereof. (b) In any case in which an appeal is pending before the United States Court of Customs and Patent Appeals or any United States Circuit Court of Appeals or the United States Court of Appeals for 445 52 Stat. 638; 41 Stat. 533. 15U.S.C.§81et seq.; 28 U.S. C . 673; 35U.S.C.§§2,7,22, 23, 78, 88. Validity of registra- tions, etc. Ante, pp. 431 -433; infra. Existing registra- tions. 21 Stat. 502; 33 Stat. 724 . 15 U.S. C . §§81-109 . Ante, p. 444. Ante, p. 431. Ante, pp. 431 -433. 33 Stat. 725 . 15U.S.C.§85. Ante, p. 444. Ante, p . 429. 41 Stat. 533. 15U.S.C.i121- 128. Supra. Ante, p. 431 . Applications pend- ing in Patent Office. Appeal pending be- fore court.