CANCELLATION OF REGISTRATIONS.

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 102 STAT. 3941name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the generic name of goods or services on or in connection with which it has been used.”; (5) in subsection (d)— (A) by striking out “(d) at” and inserting in lieu thereof “(4) At” and (B) by striking cut “; or” and inserting in lieu thereof a period; (6) in subsection (e)— (A) by striking out “(e) at” and inserting in lieu thereof “(5) At” and (B) by striking out “(1)”, “(2)”, “(3)”, and “(4)” and inserting in lieu thereof “(A)”, “(B)”, “(C)”, and “(D)”, respectively, and (7) in the proviso at the end of the section by striking out “subsections (c) and (e)” and inserting in lieu thereof “paragraphs (3) and (5)”.