1) Service marks may be registered.
2) The initial term and renewal term will be 10 years, instead of the current initial term of 7 years and renewal term of 14 years.
3) Belated renewals will only be allowed if filed within 1 year from the due date; at the present time there is no express time limit as to when a belated renewal may be filed.
4) The Register will continue to be divided into Parts A and B. However, under the new law a mark must be "capable of distinguishing" the goods or services to qualify for a Part B registration, whereas under the current law marks must be "distinctive" or "capable of becoming distinctive" of the goods in order to be eligible for registration in Part B.
5) Subject to certain conditions, the assignment of unregistered trademarks will be permitted.
6) Non-use cancellation actions will have to be instituted in court and not in the Trademarks Office where they are filed now.
2) The initial term and renewal term will be 10 years, instead of the current initial term of 7 years and renewal term of 14 years.
3) Belated renewals will only be allowed if filed within 1 year from the due date; at the present time there is no express time limit as to when a belated renewal may be filed.
4) The Register will continue to be divided into Parts A and B. However, under the new law a mark must be "capable of distinguishing" the goods or services to qualify for a Part B registration, whereas under the current law marks must be "distinctive" or "capable of becoming distinctive" of the goods in order to be eligible for registration in Part B.
5) Subject to certain conditions, the assignment of unregistered trademarks will be permitted.
6) Non-use cancellation actions will have to be instituted in court and not in the Trademarks Office where they are filed now.
April 1995 Index