Page:United States Statutes at Large Volume 18 Part 1.djvu/1028

 956 Trrmc Lx.—PATENTS AND COPYRIGHTS.—C1~l. 2. Time of receipt Sec. 4940. The time of the receipt of any trade-mark at the Patent- °f P'“‘l°?‘ ‘“'k lg; Office for registration shall be noted and recorded. Copies of the trade- -1+*-- therewith, under the seal of the atent—flice, certified by the Commis- Ib'd·· “· 80* sioner, shall be evidence in any suit in which such trade-mark shall be brou ht in controversy. D}11‘¤ii<>11 <>f1{¤>· Sub. 4941. A trade—inark registered as above prescribed shall remain tt;";?" t32dr2f);:,; in force for thirty years from the date of such regis_tra.tion; except in ,,,,2, ,.€m_,w;_ cases where such trademark is claimed for and applied to articles not -e-—————&·~— manufactured in this country and in which it receives protection under 233 gulfg jsp} °‘ the laws of any foreign country for a shorter period, in which case it guj’’ p' shall cease to have any force in this country by virtue of this act at the same time that it becomes of no effect elsewhere. Such trade-mark during the period that it remains in force shall entitle the person. firm, or corporation registering the same to the exclusive use thereof so far as regards the description of oods to which it is appropriated in the statement filed under oath as aforesaid, and no other person shall lawfully use the same trade-mark, Ol substantially the same, or so nearly resembling it as to be calculated to deceive, upon substantially the same description of goods. And at any time during the six months prior to the expiration of the term of thirty years, application; may be made for a renewal of such registration, under regulations to be prescribed by the Commissioner of Patents. The fee for such renewal shall be the same as for the original registration; and a certificate of such renewal shall be issued in the same manner as for the original registration; and such trade—1nark shall remain in force for a further term of thirty years. Remedy for in- Sec. 4942. An person who shall reproduce, counterfeit, copy, or imi- €Yi¤g€1¤°¤*°l *'°8· tate any recorded, trade-mark, and affix the same to goods of substanlsgrized trade- tially the SM11G (l8SCl'i[>ti\’e properties and qualities as those referred to ..;..-g- in the registration, shall be liable to an action on the case for damages 5};***}-,3 ¤· {2;,6 (_ for such wrongful use of such trade-mark, at the suit of the owner thereof; 274_,j2,g'i9'p_1;u; and the party aggrieved shall also have his 1'€l]1€dy according to the course of equity to enyoin the wrongful use of his trade-mark and to recover compensation lt erefor ip any court having jurisdiction over the person gui ty of suc wrongrfu use. Restrictionupon Sec. 4943. No action shal be maintained under the provisions of this u<;ti<>11S for 1 r1- chapter by any pcrson claiming the exclusive right to any trade-mark i"j§é'§‘f‘§___ ,, which is used or claimed in any unlawful business, or upon any articlc 8 July, 1870, c. which is injurious in itself, or upon any trade-mark which has been 230,S- 84. V- I6, P- fraudulently obtained, or which has been formed and used with the dc- 212 sggn of deceiving the public in the purchase or use of any article of merc an ise. Penaltyfor false S1·:c. 4944. Any lperson who shall procure the registry of any trade- M*q1St1‘¤’¤1011 of mark, or of himse f as the owner of a trade—mark, or an entry respectt"" "‘"‘”k“· ing a trade-mark in the Patent-Oflice, by making any false or fraudulent Ibid., s. 82. representations or declarations, verball or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence of alny such registry oy entry, to the person injured thereby: to be recovere in an action on t o case. Formerrightsand Sec. 4945. Nothing in this chapter shall prevent, lessen, impeach, or "°m$,‘l*°*’ P ”°‘ avoid any remedy at aw or in equity, which an · party aggrieved by any EE;`;}' 8E__. wyonxgfiikt uise of lany trade-msrk might have had if the provisions of this 1 -» S- `· c a er a not een enacte . Saving este Siic. 4946. Nothing in this chapter shall be construed by any court rights ¤ft¢=r¢*1¢p1r¤· as abridging or in any matter affecting unfavorably the claim of an 39;*,0: :*:3 pergon to any trade-nygrkdafte r the expiration of the term for which such mark has bw, _ ra e-mar was regis re . iiwied;  Ibid.,s.78,p.2l1. Regulations an Seo. {4947. The Commissioner of Patents is authorized to make rules, transfer of pghts regulations, and prescribe forms for the transfer of the right to the use Ibid., s. sl. of law respecting the transfer and transmission of copyrights.
 * g'f§g:,jl°" t° mark and of the date of the receypt thereof, and o_f the statement filed
 * 2 """°"“*" “· of trademarks, confornnng as nearly as practicable to the requireulent»<