Page:United States Statutes at Large Volume 38 Part 2.djvu/445

1662 CONVENTION—INDUSTRIAL PROPERTY. Jmm 2, 1911. It a plies to all patents existing at the time of entrance into force. It sliall be likewise, in case of accession of new countries, for patents existing on both sides at the time of accession. Anrrcua 5. I¤¤¤<1¤¢¤<>¤¤ by The im rtation, b the atentee, into the country where the p°t°m°` patent hago been granlred, ofp articles manufactured in any of the countries of the Union shall not entail forfeiture. _ b§g";8P“{})¤§,Pg,h;g*,§} However, the patentee shall be obliged to work his patent accordparent ing to the laws 0 the country into which he introduces the patented objects, but with the restriction that the patent shall not e liable to forfeiture because of non-working in one of the countries of the Union until after a term of three years, from the date of the of the application in that country, and only in case the patentee all fail to show sufficient cause for his inaction. · Anrrcm 6. 'I""d°'°“* '°¤*"" Every trademark regularly r istered in the coun of o ' um shall be admitted to regstrationcgand protected as thaiilgn the oilger countries of the Union. Bm However, there may be refused or invalidated: "°u°“" 1. Marks Whlclil are of a nature to infringe rights acquired by third parties in the country where protection is claimed. 2. Marks devoid of all distinctive character, or even composed exclusively of signs or data which may be used 111 commerce, to designate the kind, quality}, quantitiy, destination, value, place of origin of the products or the time o production, or become common in the current language or the legal and stead customs of commerce of the country where the rotection is claimedl In the estimation ofp the distinctive character of a mark, all the circumstances existing should be taken into account, particularly the duration of the use of the mark. 3. Marks which are contrary to morals or public order. d,§,‘;‘g,f’Y °‘ °**¤¤ The countrg where the applicant has his principal establishment shall be consi ered as the country of ori . _If this principal establishment is notgllcxicated in one of the countries of the Union, that to which the applicant belongs shall be considered as country of origin. ARTICLE 7. N***¤*° °'P*°d¤¢*- The nature of the roduct on which the trademark is to be applied cannot, in any case, he an obstacle to the Bling of the mark. Arrrrcn 75. Ham 0* lawful ¤¤· The contracting countries avree to admit for Blin and to rotect mm°m` marks belonging to associatioiis the existence of which is ngt contrary to the aw of the country of origin, even if these associations do not possess an industrial or commercial establishment. Each country shall be 'udge of the special conditions under which an association may be adinitted to have the marks protected. _ Anrrcrn 8. T”d°°°m“‘ _Trade names shall be protected in all the countries of the Union witgout izhe obligation of Bling, whether it be a part or not of a tra emar .