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The Patent Office as Guardian of the Public Interest in Trade-Mark Registration Proceedings

Authors: Derenberg, Walter J.;

The Patent Office as Guardian of the Public Interest in Trade-Mark Registration Proceedings

Abstract

It is one of the declared purposes of the Lanham Trade-Mark Act of I946 to confer upon the owner of a registered trade-mark a greater measure of security than was available under the predecessor acts. While the Act of I905 was based on the theory that the Federal Government could not under the commerce clause of the Constitution enact legislation granting substantive statutory rights to the owner of a trade-mark,' the new law is based on the presupposition that within the realm of commerce, as broadly defined in Section 45 of the Act,2 a federal registration statute may create substantive rights beyond the mere procedural advantages which resulted from registration under the previous acts. Outstanding among the sections of the

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United States
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Law

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    popularity
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    influence
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold