name of a person, firm, or corporation unaccompanied by a mark sufficient to distinguish it from the same name when used by other persons, or which is identical with a trademark appropriate to the same class of merchandise and belonging to a different owner, and already registered or received for registration, or which so nearly resembles such lastmentioned trade-mark as to be likely to deceive the public. But this section shall not prevent the registry of any lawful trade-mark rightfully in use on the eighth day of July, eighteen hundred and seventy. Time of Receipt of Trade-Mark for Registration to be certified. Sec. 4940. The time of the receipt of any trade-mark at the Patent Office for regi tration shall be noted and recorded. Copies of the trade-mark and of the date of the receipt thereof, and of the statement filed therewith, under the seal of the Patent Office, certified by the Commissioner, shall be evidence in any suit in which such trade-mark shall be brought in controversy. Duration of Protection of Registered Trade-Mark and Renewal. Sec. 4941. A trade-mark registered as above prescribed shall remain in force for thirty years from the date of such registration; except in cases where such trade-mark is claimed for and applied to articles not manufactured in this country and in which it receives protection under the laws of any foreign country for a shorter period, in which case it shall cease to have any force in this country by virtue of this Act at the same time that it becomes of no effect elsewhere. Such trade-mark during the period that it remains in force shall entitle the person, firm, or corporation registering the same to the exclusive use thereof so far as regards the description of goods to which it is appropriated in the statement filed under oath as aforesaid, and no other person shall lawfully use the same trade-mark, or substantially the same, or so nearly resembling it as to be calculated to deceive, upon substantially the same description of goods. And at any time during the six months prior to the expiration of the term of thirty years, application may be made for a renewal of such registration, under regulations to be prescribed by the Commissioner of Patents. The fee for such renewal shall be the same as for the original registration; and a certificate of such renewal shall be issued in the same manner as for the original registration; and such trade-mark shall remain in force for a further term of thirty years. Remedy for Infringement of Registered Trade-Marks. Sec. 4942. Any person who shall reproduce, counterfeit, copy, or imitate any recorded trade-mark and affix the same to goods of substantially the same descriptive properties and qualities as those referred to in the registration, shall be liable to an action on the case for damages for such wrongful use of such trade-mark, at the suit of the owner thereof; and the party aggrieved shall also have his remedy according to the course of equity to enjoin the wrongful use of his trade-mark and to recover compensation therefor in any court having jurisdiction over the person guilty of such wrongful use. Restriction upon Actions for Infringement. Sec. 4943. No action shall be maintained under the provisions of this chapter by any person claiming the exclusive right to any trade-mark which is used or claimed in any unlawful business, or upon any article which is injurious in itself, or upon any trade-mark which has been fraudulently obtained, or which has been formed and used with the design of deceiving the public in the purchase or use of any article of merchandise. Penalty for False Registration of Trade-Marks. Sec. 4944. Any person who shall procure the registry of any trade-mark, or of himself as the owner of a trade-mark, or an entry respecting a trade-mark in the Patent Office, Concessions of Priority. If, during the continuance of an interference, it shall appear that neither party is entitled to a patent by reason of abandonment, public use, or any other statutory bar, the examiner of interferences, or examiners-in-chief, as the case may be, will direct the attention of the Commissioners to the facts, either by a report, if before the hearing, or in the decision of the question of priority, if the interference comes to a regular hearing. The Commissioner, if in his judgment it is necessary, will then suspend the interference and remand the cases to the principal examiner for the determination of any of these questions. If the judgment be based upon a concession of priority by either of the parties, such concession must be in writing, and under the signature of the inventor himself; and if there has been an assignment, the assignee must join in the concession. EXTENSIONS. Remonstrants, what is required of them. 71. Any person who intends to oppose an application for extension must give notice of such intention to the applicant or his attorney of record within the time hereafter named, and furnish him with a statement of his reasons of opposition. After this he will be regarded as a party in the case, and will be entitled to notice of the time and place of taking testimony, to a list of the names and residences of the witnesses whose testimony may have been taken previous to his service of notice of opposition, and to a copy of the application and of any other papers on file, upon paying the cost of copying. He must also immediately file a copy of such notice and reasons of opposition, with proof of service of the same, in the Patent Office. OFFICE FEES, AND HOW PAYABLE. 107. The following is the tariff of fees established by law: On filing every application for a design patent for three years and six months - 10 00 On filing every caveat On filing every application for a patent for an invention or discovery On issuing each original patent for an invention or discovery On filing a disclaimer On filing every application for a division of a reissue On filing every application for a reissue On filing every application for an extension On the grant of every extension On filing the first appeal from a primary examiner to examiners-in-chief On depositing a trade-mark for registration 15 00 - 30 00 - 10 00 - 15 00 - 20 00 - 10 00 - 30 00 - 30 00 - 50 00 - 50 00 - 10 00 20 00 - 25 00 On depositing a label for registration 6.00 For every certified copy of a patent or other instrument, for every 100 words - 10 1.00 For recording every assignment, if over 300 and not over 1,000 words 2.00 3.00 For uncertified copies of the specifications and accompanying drawings of patents issued since July 1, 1871 Single copies 25 Twenty copies or more, whether of one or several patents, per copy 10 Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints, except that there shall be paid for recording the title of any print or label not a trade-mark, six dollars, which shall cover the expense of furnishing & copy of the record, under the seal of the Commissioner of Patents, to the party entering the same. Sec. 4. That all laws and parts of laws inconsistent with the foregoing provisions be and the same are hereby repealed. Sec. 5. That this act shall take effect on and after the first day of August, eighteen hundred and seventy-four. RULES OF PRACTICE IN THE UNITED STATES PATENT OFFICE, APRIL, 1875. MODE OF PROCEEDING TO OBTAIN A PATENT. APPLICATION. When Application takes date. 7. For all purposes of Office practice, the date of an application for a patent will be fixed at the time when the first fee has been paid, an acceptable drawing or model received, and a specification properly signed, witnessed, and sworn to, filed. After such date, and during the pendency of an application, either the drawing or model (but not both at the same time) may be withdrawn for correction, but the specification will not be permitted to be withdrawn for any purpose whatever. DRAWINGS. New Drawings on Re-issues. 22. All re-issue applications must be accompanied by new thick paper drawings, as in original applications. MODEL. Models, when required. 24. A model will be required in every case where the nature of the invention admits of such illustration, except in applications upon designs. It must clearly exhibit every feature of the machine which forms the subject of a claim of invention, but should not include other matter than that covered by the actual invention or improvement, unless it is necessary to the exhibition of the working model. When the invention is a composi tion of matter, a specimen of each of the ingredients and of the composition, properly marked, must accompany the application. INTERFERENCES. Prerequisite to, and dissolving Interferences. 59. An interference will not be declared until the subject-matter involved is decided to be patentable. If after being declared it is found that no interference in fact exists, or that there has been such irregularity in declaring the same as will preclude the proper determination of the question of right between the parties, it will be dissolved, and an appeal may be taken to the Commissioner in person. Concessions of Priority. If, during the continuance of an interference, it shall appear that neither party is entitled to a patent by reason of abandonment, public use, or any other statutory bar, the examiner of interferences, or examiners-in-chief, as the case may be, will direct the attention of the Commissioners to the facts, either by a report, if before the hearing, or in the decision of the question of priority, if the interference comes to a regular hearing. The Commissioner, if in his judgment it is necessary, will then suspend the interference and remand the cases to the principal examiner for the determination of any of these questions. If the judgment be based upon a concession of priority by either of the parties, such concession must be in writing, and under the signature of the inventor himself; and if there has been an assignment, the assignee must join in the concession. EXTENSIONS. Remonstrants, what is required of them. 71. Any person who intends to oppose an application for extension must give notice of such intention to the applicant or his attorney of record within the time hereafter named, and furnish him with a statement of his reasons of opposition. After this he will be regarded as a party in the case, and will be entitled to notice of the time and place of taking testimony, to a list of the names and residences of the witnesses whose testimony may have been taken previous to his service of notice of opposition, and to a copy of the application and of any other papers on file, upon paying the cost of copying. He must also immediately file a copy of such notice and reasons of opposition, with proof of service of the same, in the Patent Office. OFFICE FEES, AND HOW PAYABLE. 107. The following is the tariff of fees established by law : On filing every application for a design patent for three years and six months - 10 00 On filing every caveat On filing every application for a patent for an invention or discovery On issuing each original patent for an invention or discovery On filing a disclaimer On filing every application for a division of a reissue On filing every application for a reissue On filing every application for an extension On the grant of every extension On filing the first appeal from a primary examiner to examiners-in-chief On depositing a trade-mark for registration On depositing a label for registration For every certified copy of a patent or other instrument, for every 100 words - For recording every assignment of 300 words or under For recording every assignment, if over 300 and not over 1,000 words 15 00 - 30 00 10 1.00 2.00 3 00 For uncertified copies of the specifications and accompanying drawings of patents issued since July 1, 1871 Twenty copies or more, whether of one or several patents, per copy Sec. 5. That this act shall take effect on and after the 1st day of August, eighteen hundred and seventy-four. Approved, June 18, 1874. By the word "print," as used in the said act, is meant any device, picture, word or words, figure or figures (not a trade-mark) impressed or stamped directly upon the articles of manufacture, to denote the name of the manufacturer, or place of manufacture, style of goods, or other matter. By the word "label," as therein used, is meant a slip or piece of paper, or other material to be attached in any manner to manufactured articles, or to bottles, boxes, and packages containing them, and bearing an inscription, (not a trade-mark,) as, for example, the name of the manufacturer or the place of manufacture, the quality of goods, directions for use, &c. By the words "articles of manufacture," to which such print or label is applicable by said act, are meant all vendible commodities produced by hand, machinery, or art. But no such print or label can be registered unless it properly belong to an article of commerce, and be as above defined; nor can the same be registered as such print or label when it amounts in law to a technical trade-mark. To entitle the owner of any such print or label to register the same in this office, it is necessary that five copies of the same be filed, one of which copies shall be certified under the seal of the Commissioner of Patents, and returned to the registrant. FORM OF APPLICATION FOR REGISTRATION. To the Commissioner of Patents: The undersigned, John Fisher, of the city of Brooklyn, county of Kings, and state of New York, and a citizen of the United States, [or resident therein, as the case may be,] hereby furnishes five copies of a print, [or "label," as the case may be,] of which he is the sole proprietor. The said print [or "label"] consists of the words and figures as follows, to wit: [Description.] And he hereby requests that the said print be registered in the Patent Office, in accordance with the act of Congress to that effect, approved June 18, 1874. Brooklyn, N.Y., August 1, 1874. [For a Corporation.] Proprietor. The applicant, a corporation created by authority of the laws of the state of New York, [or other authority, as the case may be,] and doing business in said state, hereby furnishes five copies of a label, [or "print" as the case may be,] of which it is the sole proprietor. The said label consists of the words and figures as follows, to wit: [Description.] And it is hereby requested that the said label be registered in the Patent Office, in accordance with the act of Congress to that effect, approved June 18, 1874. Witness the seal of the said corporation at [Seal] 1874. President, [or other officer.] The certificate of such registration will continue in force for twenty-eight years. The fee for registration of a print or label is six dollars, to be paid in the same manner as fees for patents. The benefits of this act seem to be confined to citizens, or residents, of the United States. The Compiler is indebted to Dr. George Haseltine, of the Firm of Haseltine, Lake, & Co., of 8, Southampton Buildings, London, for the preceding information on the Patent and Trade-Mark Laws, as at present in force in the United States. |