CERTIFICATE OF REGISTRATION ON THE PRINCIPAL REGISTER.

SEC. 109. CERTIFICATE OF REGISTRATION ON THE PRINCIPAL REGISTER. Section 7 (15 U.S.C. 1057) is amended— (1) by amending subsection (b) to read as follows: “(b) A certificate of registration of a mark upon the principal register provided by this Act shall be prima facie evidence of the validity of the registered mark and of the registration of the mark, of the registrant’s ownership of the mark, and of the registrant’s exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the certificate, subject to any conditions or limitations stated in the certificate.”; (2) by redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), and (h), respectively; (3) by inserting after subsection (b) the following: 102 STAT. 3939 “(c) Contingent on the registration of a mark on the principal register provided by this Act, the filing of the application to register such mark shall constitute constructive use of the mark, conferring a right of priority, nationwide in effect, on or in connection with the goods or services specified in the registration against any other person except for a person whose mark has not been abandoned and who, prior to such filing— “(1) has used the mark; “(2) has filed an application to register the mark which is pending or has resulted in registration of the mark; or “(3) has filed a foreign application to register the mark on the basis of which he or she has acquired a right of priority, and timely files an application under section 44(d) to register the mark which is pending or has resulted in registration of the mark.”; (4) in subsection (d), as redesignated by paragraph (2) of this section, by striking out “fee herein provided” and inserting in lieu thereof “prescribed fee”; (5) in subsection (f), as redesignated by paragraph (2) of this section, by striking out “fee required by law” and inserting in lieu thereof “prescribed fee”; and (6) in subsection (h), as redesignated by paragraph (2) of this section, by striking out “required fee” and inserting in lieu thereof “prescribed fee”.