There are neither oppositions nor interferences with respect to
marks under the act of March 19, 1920.
After a trade-mark is registered, anyone who feels that he is in-
jured by it, may apply to have it canceled. No fee is required in
a cancellation proceeding. (See Form S, p. 19.)
Interference, opposition, and cancellation proceedings are con-
trolled by technical Patent Office rules and equity court rules and
demand the services of skilled attorneys for their best conduct.
On the day issued the certificate of registration will be deliv-
ered or mailed to the attorney of record, if there be one; or, if the
attorney so request, to the owner; or if there be no attorney, to the
owner.
Should registration be finally refused and applicant believes his
mark should be registered, he may appeal to the Commissioner of
Patents in person, and, under the act of 1905, from him to the Court
of Appeals of the District of Columbia. Similar appeals may be
taken in interference, opposition, and cancellation proceedings. No
appeals to the court are allowed under the act of 1920.
Registered trade-marks and trade-marks for which applications
for registration have been filed may be assigned, but only in con-
nection with the good will of the business in which they are used.
The assignment should be in writing and acknowledged according
to law, and should state the number and date of the certificate of
registration, or the name of the owner, the serial number and date of
the application for registration. Such an assignment may be re-
corded in the Patent Office, and will be void as against any subse-
quent, purchaser or mortgagee, for a valuable consideration, without
notice, unless so recorded within three months from the date of the
assignment. The date of record is the date the assignment is received
at the Patent Office in proper form, and accompanied by the full
legal fee for recording. No instrument will be recorded which is not
in the English language, and which does not, in the judgment of the
commissioner, affect the title to which it relates. (Forms Y and Z,
p- 219
When a trade-mark has been registered, notice should appear on
the goods in connection with the mark, thus: “Registered in U. S.
Patent Office,” or “Reg. U. S. Pat. Off.”
Registrations under the act of 1881 last for 30 years, and registration
under the act of 1905 lasts for 20 years. Both may be renewed under
the act of February 20, 1905, for 20 years upon the filing of an appli-
cation for renewal within the six months next preceding the end of
the original term. (See Forms T, U, p. 20.) It is not necessary
to file with the renewal application either the original certificate or a
certified copy thereof. If application for renewal is not filed before
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