TRADEMARKS REGISTRABLE ON PRINCIPAL REGISTER.

SEC. 104. TRADEMARKS REGISTRABLE ON PRINCIPAL REGISTER. Section 2 (15 U.S.C. 1052) is amended— (1) by amending subsection (d) to read as follows: “(d) Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive: Provided, That if the Commissioner determines that confusion, mistake, or deception is not likely to result from the continued use by more than one person of the same or similar marks under conditions and limitations as to the mode or place of use of the marks or the goods on or in connection with which such marks are used, concurrent registrations may be issued to such persons when they have become entitled to use such marks as a result of their concurrent lawful use in commerce prior to (1) the earliest of the filing dates of the applications pending or of any registration issued under this Act; (2) July 5, 1947, in the case of registrations previously issued under the Act of March 3, 1881, or February 20, 1905, and continuing in full force and effect on that date; or (3) July 5, 1947, in the case of applications filed under the Act of February 20, 1905, and registered after July 5, 1947, Use prior to the filing date of any pending application or a registration shall not be required when the owner of such application or registration consents to the grant of a concurrent registration to the applicant. Concurrent registrations may also be issued by the Commissioner when a court of competent jurisdiction has finally determined that more than one person is entitled to use the same or similar marks in commerce. In issuing concurrent registrations, the Commissioner shall prescribe condi-102 STAT. 3938tions and limitations as to the mode or place of use of the mark or the goods on or in connection with which such mark is registered to the respective persons.”; (2) in subsection (e) by striking out “applied to” each place it appears and inserting in lieu thereof “used on or in connection with”; and (3) in subsection (f)— (A) by striking out “applied to” and inserting in lieu thereof “used on or in connection with”; and (B) by striking out “five years” and all that follows through the end of the subsection and inserting in lieu thereof “five years before the date on which the claim of distinctiveness is made.”.