
doi: 10.2307/1189837
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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