S-42
No. 12
PRACTICAL VARIANCE IN CLAIM INVOLVING FOREIGN BUSINESS ORGANIZATION TERMINOLOGY
Note:
The Compendium of Copyright Practices, Chapter 4, Parts 4.2.3.1 and II should be applied equally to foreign proprietor claimants. The following examples will illustrate the application of these principles in the foreign area.
A.
In General.
1.
Where the variance is sufficient to raise questions as to whether the same legal person is named in the notice and application, correspondence is necessary.
2.
Where the variance is not sufficient to require correspondence, it is generally desirable to annotate the application. This is especially true where the fuller form of the name appears in the notice.
3.
An annotation need not be made where it is clear that the variant form is not part of the firm name and is mere surplus descriptive matter.
B.
Variant Forms of Same Name.
1.
Real person in both application and notice.
Example:
In notice: Johann Bost, Verleger
In application: Johann Bost
Practice: Annotate
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