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" ... (4) That the use of the name, term, or device charged to be an infringement is a use, otherwise than as a trade or service mark, of the party's individual name in his own business, or of the individual name of anyone in privity with such party, or... "
The Library's Legal Answer Book - Page 98
by Mary Minow, Tomas A. Lipinski - 2003 - 361 pages
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Rules of Practice of the United States Patent Office in Patent Cases

United States. Patent Office - 1963 - 144 pages
...misrepresent the source of the goods or services in connection with which the mark is used; or (4) That the use of the name, term, or device charged to be an infringement is a use, otherwise than as a trade or service mark, of the party's individual name in his own business, or of the individual name...
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United States Code, Volume 2

United States - 1953 - 1692 pages
...misrepresent the source of the goods or services in connection with which the mark is used; or (4) That the use of the name, term, or device charged to be an infringement is a use, otherwise than as a trade or service mark, of the party's individual name In his own business, or of the individual name...
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Trade-marks. Hearing Before a Subcommittee....on H.R. 102, H.R. 5461, and S ...

United States. Congress. House. Committee on patent - 1941 - 280 pages
...substituted for the present subdivision 4 of the committee print: "(4) That the use by the defendant of the name, term, or device charged to be an infringement is a commercially fair use, made in a manner not calculated to confuse the public, of the defendant's individual...
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Trade-marks: Hearing Before a Subcommittee of the Committee on Patents ...

United States. Congress. Senate. Committee on Patents - 1942 - 68 pages
...in connection with which the mark is used. Now, let us read No. 4 : That the 1ise by the defendant of the name, term, or device charged to be an Infringement is a use, otherwise than as a trade or service mark, of the defendant's individual name in his own business — Now, that is one....
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Trade-marks. Hearings...H.R. 82. April 7 & 8, 1943

United States. U.S. Congress. House. Committee on Patents - 1943 - 58 pages
...subdivision should be revised and we suggest the following amendment : (4) That the use by the defendant of the name, term, or device charged to be an infringement is a commercially fair use, made in a manner not calculated to confuse the public of the defendant's individual...
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Trademark Rules of Practice of the Patent Office, with Forms and Statutes: 1947

United States. Patent Office - 1947 - 156 pages
...misrepresent the source of the goods or services in connection with which the mark is used; or (4) That the use of the name, term, or device charged to be an infringement is a use, otherwise than as a trade or service mark, of the party's individual name in his own business, or of the individual name...
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Statutes and Decisions Pertaining to the Federal Trade Commission, Volume 4

United States. Federal Trade Commission - 1951 - 886 pages
...misrepresent the source of the goods or services in connection with which the mark is used ; or (4) That the use of the name, term, or device charged to be an infringement is a use, otherwise than as a trade or service mark, of the party's individual name in his own business, or of the individual name...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 469

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1987 - 1232 pages
...misrepresent the source of the goods or services in connection with which the mark is used; or "(4) That the use of the name, term, or device charged to be an infringement is a use, otherwise than as a trade or service mark, of the party's individual name in his own business, or of the individual name...
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Legislation Prohibiting State Lotteries from Misappropriating ..., Volume 4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks - 1990 - 314 pages
...against federal trademark infringement. It is a defense to infringement if "the use of the name . . charged to be an infringement is a use, otherwise than as a mark, ... of a term or device which is descriptive of and used fairly and in good faith only to describe the goods...
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Trademark Manual of Examining Procedure (TMEP).

United States. Patent and Trademark Office - 1993 - 710 pages
...misrepresent the source of the goods or services on or in connection with which the mark is used; or (4) That the use of the name, term, or device charged to be...infringement is a use, otherwise than as a mark, of the parry's individual name in his own business, or of the individual name of anyone in privity with such...
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