ACTION OF COMMISSIONER IN PROCEEDINGS.

SEC. 118. ACTION OF COMMISSIONER IN PROCEEDINGS. Section 18 (15 U.S.C. 1068) is amended— (1) by striking out “or restrict” and inserting in lieu thereof “the registration, in whole or in part, may modify the application or registration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the register”; (2) by striking out “or may refuse” and inserting in lieu thereof “may refuse”; and (3) adding at the end thereof the following: “However, no final judgment shall be entered in favor of an applicant under section 1(b) before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to section 7(c).”.