Page:United States Statutes at Large Volume 18 Part 1.djvu/1027

TITLE rx.-PATENTS AND (,`OPYRIGHTS.—Ch. 1-2. 955 credit of the Treasury, as for fees accruing at the Patent—Ofl‘ice, upon a certificate thereof being made to the Treasurer by the Commissioner of Patents. C H A P T E R T W O. TRADE-MARKS. $00- Sec. 4937. Registration of trade-marks author- 4943. Restriction upon actions for inized. fringement. 4938. Accompanying declaration under i 4944. Penalty for false registration of oath.trade-marks. 4939. Restriction on the registration of 4945. Former rights and remedies pretrade-marks. served. 4940. Time of receipt of trade-mark for 4946. Saving as to rights after expiration registration to becertified. of term for which a trade·mark 4941. Duration of protection of registered has been registered. trade-marks and renewal. 4947. Regulations for transfer of rights to 4942. Remedy for infringement of regis- trade—marks. tered trade-marks. Sec. 4937. Any person or firm domiciled in the United States and any R€giS¤‘Mi0¤ uf corporation created by the authority of the United States, or of any ;?d€";‘:1“'k’ ““‘ State or Territory thereof, and any person, firm, or corporation resident of _Q1L; . ..,, _ or located in any foreign country which by treaty or convention affords 8 July; 1870. 0- similar privileges to citizens of the United States. and who are entitled 3:;% S· 7'i ‘“ 16· l‘· to the exclusive use of any lawful trade-mark, or who intend to adopt 1}; A,,g_ 1876 ,._ and use any trade-mark for exclusive use within the United States, may 274, ·v. 19, p. 141i obtain protection for such lawful trade-mark by complying with the fol- i ke); lowing requirements: nolds, 10 Blatch., First. By causing to be recorded in the Patent-Office a statement 85; Smith I-. Rey- specifying the names of the parties, and their residences and place of ¤0ld¤» 10 Blwh-. business, who desire the rotection of the trade-mark; the class of mer- kO00cik£3§‘é°d I'; chandise, and the particuhir description of goods comprised in such class, Bh,,mh_,310;jI0Or_ by which the trade-mark has been or is intended to be appropriated; a man r. Hodge, 2 description of the trade-mark itself, with fac-similes thereof, showin the S¤W·i 78- mode in which it has been or is intended to be applied and used; and the length of time, if any, during which the trade-mark has been in use. Second. By making payment of afee of twenty—1ive dollars, in the same manner and for the same purpose as the fee required for patents. Third. By complying with such regulations as may be prescribed by the Commissioner of Patents. Sec. 4938. The certificate prescribed by the preceding section must, Accompanying in order to create any right whatever in favor of the party filing it, be <l€¢‘l¤¤‘¤U<>¤ ¤¤d€1 accompanied by a written declaration verified by the person, or by some °“°h·____ ________ member of the firm or officer of the corporation by whom it is filed, to the 8 July, 1870, c. effect that the rty claiming protection for the trade-mark has a right $30. B- 77· "· W P· to the use of th; same, and that no other person, firm, or corporation m' has the right to such use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive; and that the description and fac-similes presented for record are true copies of the trade-mark souvht to be protected. Sec. 4939. The Commissioner of Patents shall not receive and record Restriction on any proposed trade-mark which is not and cannot become a lawful trade- 3_:’d;‘f§;:'l`g‘°" "* mar , or which is merely the name of a person, firm, or corporation unac- ..T - companied by a mark sufficient to distinguish it from the same name when Ib1d·»¤·79iP-2U- used by other persons, or which is identical with a trade~mark 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 last—mentioned 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 undred and seventy.