(159)             Wording In Verification or Declaration of
                             Trademark Application

    Applicants and attorneys are requested to use the following wording 
in the part of the verification or declaration of the trademark 
application which indicates the signer's belief that the mark applied for 
does not resemble another person's mark:

--that no other person, firm, corporation, or association, to the best
of his knowledge and belief, has the right to use such mark in commerce
either in the identical form thereof or in such near resemblance thereto
as to be likely when applied to the goods of such other person, to cause
confusion, or cause likely, mistake, or to deceive: --
   The wording emphasized conforms to the language of both Sections
1(a)(1) and 2(d) of the Trademark Act of 1946.
   Some applicants and attorneys, instead of using the wording
emphasized above, are still using the now obsolete wording "as might be
calculated to deceive" which was promulgated in the forms under the
Trademark Act of 1905 and inadvertently continued by the Act of 1946 up
to October 1962 in Section 1(a)(1) and in the forms connected with the
Act. Section 1(a)(1) of the 1946 Act was amended by Act of October 9,
1962 (Public Law 772, 87th Congress, 76 Stat. 769) to conform it to the
language of Section 2(d) of the 1946 Act, since the language of Section
2(d) reflects the thinking at the time the 1946 Act was written. The
wording of the trademark forms for the 1946 Act has also been amended
   It is desirable that proper wording be used. However, since the
differences in wording referred to above are considered to be
differences of form rather than of substance. Examiners will not require
new verifications or declarations. When the obsolete wording is observed
and a letter is to be written for other reasons, Examiners will at that
time call attention to the fact that the wording is obsolete and should
be modified in applications in the future.

Mar. 25, 1974                                           RENE D. TEGTMEYER
                                                   Assistant Commissioner
                                                           for Trademarks

                                [921 TMOG 186]