Page:United States Statutes at Large Volume 16.djvu/245

FORTY—FIRST CONGRESS. Sess. II. Ch. 230. 1870. 211 the party claiming protection for the trade-mark has a right to the use of if P*t"*i‘E* £{‘¥° the same, and that no other person, firm, or corporation has the right to :,,:1%; $,;,,.0 such use, either in the identical form or having such near resemblance mark, &c. thereto as might be calculated to deceive, and that the description and facgzniles presented for record are true copies of the trademark sought to pro ecto . Sec. 78. And be itfurifzer enacted, That such trademark shall remain Trademark, in Force for thirty years from the date of such registration. except in cases h°"1‘?“¤‘f-t° "?' where such trade-mark is claimed for and applied to articles not manu- mm m mm factured in this countryend 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 oi' this act at the same time that ii-! °*Y°°*¢- it becomes of no efiect elsewhere, and during the period that it remains in force it shall entitle the person, Erm, 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: Provided, That six months Appitcmcnreg prior to the expiration of said term of thirty years, application may be 1’¤¤¤W¤l»Wh°¤ made for a renewal of such registration, under regulations to be prescribed §L%yh1:v{¤8d°’ by the commissioner of patents, and the fee For such renewal shall be the same as for the original registration; certificate of such renewal shall be cmtswte and issued in the same manner as for the original registration, and such trade- '¤°¤”m °Y ¤‘°¤°“’¤l- mark shall remain in force for a further term of thirty years: Andpro- _ Nothing herevidedjitrt/Ler, That nothing in this section shall be construed by any court $"£‘;$E(i;‘f’ as abridging or in any manner afecting unfevorably the claim of any per- miiyk arm;-`OXP;- son, firm, corporation, or company to any trade-mark after the expire- ¤'¤*i_<>¤ <>*`_*€"¤ of tion of the term for which such trade·mark was registered. r°g`smm°"' Sec. 79. And be it further enacted, T hat any person or corporation who Damages for shall reproduce, counterfeit, copy, or imitate any such recorded trade- §;’;";*:5f‘§g,’;§;] mark, and affix the same to goods of substantially the same descriptive mg}, m,d€-mmi properties and qualities as those referred to in the registration, shall he to like s0<>d¤· liable to au action in the case for damages for such wrongtul use of said trade—mm·l<, at the suit of the owner thereof, in any court of competent _ _ jurisdiction in the United States, and the party aggrieved shall also have I¤J¤¤°’·¤°¤· 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. The commis- caggstggdif sioner of patents shall not receive and record any proposed trade-mark mmksuotm be which is not and cannot become a lawful trade-mark, or which is merely received and the name of a person, firm, or corporation only, unaccompanied by a mark '°°°’d°d· sufficient. to distinguish it from the same name when used by other persons, or which is identical with a trade-mark appropriate to the same class of merchandise and belonging to a dilierent owne1·, and already registered or received for registration, or which so nearly resembles such last·men- _ tioned trade-mark as to be likely to deceive the public: Provzded, That P¤`°V¤¤°· this section shall not prevent the registry of any lawful trade-mark rightfully used at the time of the passage of this act. _ _ Sec. 80. And be itfurz/zer enacted, That the time of the receipt of any seiné? trade-mark at the patent office {br registration shall be noted and re- mgk M mnt corded, and copies of the trade-mark and of the date of the receipt nmeetto he rethereoil and of the statement tiled therewith, under the seal of the °°Ei:pibs under patent office, certified by the commissioner, shell be evidence in any Sc,,]_&,,_t0 be suit in which such trade-mark shall be brought in controwzersy. evidence. Ssc. 81. And be it further enacted, That the commissioner of patents Ruicsgoi-ms, is authorized to make rules, regulations, and prescribe forms for the $_¢}ig>};‘tzg¤2;€F¤ transfer of the right to the use of such_ trademarks,. conforming as nearly md,,_mm.k,_ as practicable to the requirements of law respecting the transfer and transmission of copyrights.