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" A verified petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed by any person who believes that he is or will be damaged by the registration... "
Trademark Rules of Practice of the Patent Office, with Forms and Statutes: 1947 - Page 91
by United States. Patent Office - 1947
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Trademark Dilution Revision Act of 2005: Hearing Before the Subcommittee on ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property - 2005 - 80 pages
...of 1946(15 USC 1092) is amended to read as follows: 'Whenever any person believes that such person is or will be damaged by the registration of a mark on the supplemental register— '( 1 ) for which the effective filing date is after the date on which such...
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Scott on Information Technology Law, Volume 1

Scott - 2007 - 2324 pages
...under the mark. 3. The extent of actual recognition of the mark, and 4. Whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.213 A famous mark may be damaged not only by trademark infringement,214...
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Economic Damages in Intellectual Property: A Hands-On Guide to Litigation

Daniel Slottje - 2006 - 338 pages
...and extent of use of the same or similar marks by third parties 8. Whether the mark was registered under the act of March 3, 1881, or the act of February 20, 1905, or on the principal register Further, whether actual dilution has occurred may be evaluated using three...
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Intellectual Property Legal Opinions

Thronson, Roth, Grossman - 1403 pages
...extent of use of the same or similar marks by third parties; and (H) whether the mark was registered under the Act of March 3, 1881, or the Act of February 0, 1905, or on the principal register. 42 Although the statute states that a court may consider these...
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Court Decisions, Volume 11

United States. Federal Trade Commission - 1977 - 562 pages
...registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed by any person who believes that he is or will be damaged...March 3, 1881, or the Act of February 20, 1905— (a) within five years from the date of the registration of the mark under this Act ; or (b) within...
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Reports

United States. Court of Customs and Patent Appeals - 1966 - 1002 pages
...registration of a mark, stating the grounds relied upon, may upon payment of the prescribed, fee, be filed by any person who believes that he is or will be damaged...of March 3, 1881, or the Act of February 20, 1905 — (a) within five years from the date of the registration of the mark under this Act * * *. [1] Trademark...
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Cases Decided in United States Court of Customs and Patent ..., Volume 56

United States. Court of Customs and Patent Appeals - 1969 - 902 pages
...Such an action is specifically governed by section 24, Trademark Act of 1946 (16 USC 1092) which gives any person who "believes that he is or will be damaged by the registration of a mark on this [supplemental] register," the right to apply to the Commissioner to cancel such registration....
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Court of Customs and Patent Appeals

United States. Court of Customs and Patent Appeals - 1964 - 944 pages
...shall be published on registration In the Official Gazette of the Patent Office. Whenever any person believes that he Is or will be damaged by the registration of a mark on this register he may at any time, upon payment of the prescribed fee and the filing of a verified petition...
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