102 STAT. 3940 PUBLIC LAW 100-667—NOV. 16, 1988

SEC. 113. EXAMINATION OF APPLICATION.

Section 12(a) (15 U.S.CL 1062(a)) is amended—

(1) by striking out "fee herein provided" and inserting in lieu
thereof "prescribed fee"; and

(2) by striking out "to registration, the" and inserting in lieu
thereof "to registration, or would be entitled to registration
upon the acceptance of the statement of use required by section
l(d) of this Act, the".

SEC. 114. OPPOSITION TO MARKS.

Section 13 (15 U.S.C. 1063) is amended—

(1) by inserting "(a)" before "Any person";

(2) by striking out "required fee and inserting in lieu thereof
"prescribed fee ; and

(3) by adding at the end thereof the following:
"(b) Unless registration is successfully opposed—

"(1) a mark entitled to registration on the principal register
based on an application filed under section l(a) or pursuant to
section 44 shall be registered in the Patent and Trademark
Office, a certificate of registration shall be issued, and notice of
the registration shall be published in the Official Gazette of the
Patent and Trademark Office; or

"(2) a notice of allowance shall be issued to the applicant if
the applicant applied for registration under section l(b).".

SEC. 115. CANCELLATION OF REGISTRATIONS.

Section 14 (15 U.S.C. 1064) is amended—

(1) in the matter preceding subsection (a)—

(A) by inserting "as follows" after "be filed"; and

(B) by striking out "1905-" and inserting in lieu thereof
"1905:*

(2) in subsection (a)—

(A) by striking out "(a) within" and inserting in lieu
thereof "(1) Within"; and

(B) by striking out "; or" and inserting in lieu thereof a
period;

(3) in subsection (b)—

(A) by striking out "(b) within" and inserting in lieu
thereof "(2) Within"; and

(B) by striking out "; or" and inserting in lieu thereof a
period;

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

"(3) At any time if the registered mark becomes the generic
name for the goods or services, or a portion thereof, for which it
is registered, or has been abandoned, or its registration was
obtained fraudulently or contrary to the provisions of section 4
or of subsection (a), (b), or (c) of section 2 for a registration under
this Act, or contrary to similar prohibitory provisions of such
prior Acts for a registration under such Acts, or if the registered
mark is being used by, or with the permission of, the registrant
so as to misrepresent the source of the goods or services on or in
connection with which the mark is used. If the registered mark
becomes the generic name for less than all of the goods or
services for which it is registered, a petition to cancel the
registration for only those goods or services may be filed. A
registered mark shall not be deemed to be the generic name of
goods or services solely because such mark is also used as a