HOWARD SOMERVELL GORDON F. NATIONAL FIRST HOOK ENLOE H. 3 M. May 26, HUXLEY COUNSEL TELEPHONE A» T. MILLER RUSSELL L.WILKINSON BUILDING BANK CHICAGO HOWARD W.HODGKINS RALPH MUNDEN MILTON GEORGE HUME & BYRON HENRY HUME JAMES.P. HUXLEY, WILKINSON, L. BYRON CHARLES RANDOLPH 4848 Ps f 1947 CLARK WILKINSON GERRIT P. HOWARD J. W. c/o GROEN CLEMENT Me. & M. Mr. S. CO., BROWNING Gordon Baxter, M. Building, Bank 1219 First Security Ogden, Utah. Gentlemens: effect. Trade-Mark features Act of 1946 will come into provisions of our present On July 5, 1947, the Trade-Mark It will replace all inconsistent which 1. its Among Law. we would provisions like to bring your to novel certain contains law this attention. Marks which have been registered under the new Act for a period of five years and which have not been abandoned or successfully opposed, become incontestable except in certain specified instances. Registrations under the Act of 1905, which you are now using, can be brought under the new Act, either by re-registration or by a prescribed publishing Either starts the running of the fiveprocedure. incontestability. toward year period leading Marks which previously tive, geographical, or to Commissioner of Patents were be descrip- adjudged to merely surnames, be and therefore were not registered or registrable except under the Act of 1920, can be registered under the new Act, provided they have become distinctive of Proof submitted the applicant's goods in commerce. to the of substantially ex- clusive and continuous use on the particular goods in question for a period of five years next preceding the application, will generally be accepted by the Commissioner as a showing sufficient to permit the registration of such marks. Under the new Act, each party who may have used the game mark on the same class of goods concurrently with others but in different territories, may receive ritory. a registration therefor covering his own ter-