Page:United States Statutes at Large Volume 37 Part 1.djvu/672

SIXTY-SECOND CONGRESS. Srss. III. Cus. 6, 7. 1913. 649 decision rior to the return of said district ju ; and the s 'al *"P° °’*, ,',$¤,°¢¤, lm ju<?e so IdesE1ated as aforesaid shall have anddgrsay exercise DIMM sai district the power of every kind btyillaw vested in said district jugge with respect to any cause named in e writing by the governor, iil as aforesaid, designating the said special `udgo as aforesaid: _ Provided, That no additional compensation shall be paid to either §Z°i°a°$i¤¤m1p.y. such temporary district cgudge or special district judge for services rendered pursuant to su designation. Approved, January 7, 1913. CHAP. ’7.-—An Act Amen an Act entitled "A.¤ Act to authorise the ·l•¤¤¤!¤. 1913. tion of trade-marks used in coll;-gems with foreign nations or among the several tates [H·R‘l°“"*l or with the Indian tribes, and to protect the nme." [Public, ne. sa.] Be it enadedby Sends and Home of Reprecentatives of the United States of America an Oongreaa assembled, That the Act a proved Feb- WL ruary twentieth, nineteen hundred and five, as amended, be, and the Mauna. satmie isfhlnreby, further amended so that section five thereof shall _,,;{‘.h_{°· M ¤¤· re as o ows: NSec. 5. That no mark bv which the goods of the owner of the ¤:.°g:°°'°m°° mark may be distinguished from other goods of the same class shall be refused r·c§istration as a trade—mark on account of the nature of "°"“"“°“”· such mark u ess such mark- Imam cm mg " (a) Consists of or comprises immoral or scandalous matter. we ’ ’ _ ‘f(b) Consists of or comprises the flag or coat of arms or other mmmmmm msigma of the United States or any sunulation thereof, or of any State or municipality or of any foreign nation, or of any design or picture that has been or may hereafter be adopted by any fratemal society asbits eminem, inr o any name;dd1s mark, char— Jgnggwmrm acter, em em co ors, ag, or anner op y any institution, ` organization club, or society which was inccgporated in any State in the United States prior to the date of the option and use by the applicant: Pr , That said name, distrngurs mi mark, character, mamykeqamre. em lem, colors, flag, or banner was adopted and pu holy used by said institution, organization, club or societyrplrror to the date of adolptron and use by the applicant: l’rovided, at trade-marks wluc are ,,§,§‘§_%,lf *“°"“ identical with a registered or known trade-mark owned and rn use by another and appropriated to merchandise of the same descriptive properties, or which so nearly resemble a registered or known trademark owned and in use by another and appropriated to merchandise of the same descriptive properties as to likely to cause confusion or méztake in rtélée rnind oid thigh public or tip dalcegve purchasers nhall mm mm nl, not regis` te : at no mar w 'c consists mere y in mma ar rmrmcwi. the name of an individual, firm, corporation, or association not ¤°°°'·°“°· written, printed, impressed, or woven ir1_ some particular or distmctive manner, or m rmsocration with adportrait of the mdivrdual, or merely in words or devices which are escriptive of the goods with whic they are used, or of the character or quality of such goods, or merely a geographical name or term, shall be registered un er the terms of Ummmmed uw: this Act: Bromded further, That no portrait of a living md1v1dua1pm,,,,_ ma be registered as a trade-mark except by the consent of spch individual, evidenced by an instrument in And provided mm in me m further, That nothing herein shall prevent the registration of any >·¤•¤;° {gr wrnggevmrg mark used by the applicant or predecessors, or by those from "Y 'p° whom title to the mar is derived rn commerce with foreign nations or among the several States or Indian tribes which was m actual and exclusive use as a trade-mark of the applicant, or his predecessors from whom he derived title, for ten years next preceding February