APPEALS.

SEC. 120. APPEALS. Section 21 (15 U.S.C. 1071) is amended— (1) in subsection (a)(1)— (A) by striking out “section 21(b) hereof” each place it appears and inserting in lieu thereof “subsection (b) of this section”; (B) by striking out “section 21(a)(2) hereof” and inserting in lieu thereof “paragraph (2) of this subsection”; and (C) by striking out “said section 21(b)” and inserting in lieu thereof “subsection (b) of this section”; (2) in subsection (a)(4), by 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).”; (3) in subsection (b)(1)— (A) by striking out “section 21(a) hereof” and inserting in lieu thereof “subsection (a) of this section”; (B) by striking out “section 21(a)” and inserting in lieu thereof “subsection (a) of this section”; and (C) by 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).”; and (4) in subsection (b)(3), by striking out “(3)” and all that follows through the end of the first sentence and inserting in lieu thereof the following: “(3) In any case where there is no adverse party, a copy of the complaint shall be served on the Commissioner, and, unless the court finds the expenses to be unreasonable, all the expenses of the proceeding shall be paid by the party bringing the case, whether the final decision is in favor of such party or not.”.