Page:United States Statutes at Large Volume 18 Part 2c.djvu/42

 AUSTRIA, 1871. 35 intention then to terminate the same i. · · until the end of twelve months after ’eitth;l;agf itlhghggntigftihglioaiiftigg shall have given notice to the other of such intention. ARTICLE VI. The present convention shall be ratiiicd by the President of the United R·'¤*m<=¤¢i<•¤¤- States, by and with the consent of the Senate of the United States and by His Majesty the Emperor of Austria, etc., King of Hungary with the constitutional consent of the two legislatures of the Austro-Hungarian Monarchy, and the ratifications shall be exchanged at Vienna within twelve months from the date hereof. In fa1th whereof the Plenipoten tiaries have signed this. convention as Signatures. well in German as lll English, and have thereto atlixed their seals. Done at Vienna the twentieth day of September, in the year of our Date Lord one thousand eight hundred and seventy, in the ninety-fifth vear · of the Independence of the United States of America, and in the twenty- second year of the reign of His Imperial and Royal Apostolic Majesty. {S22?} t"£‘£§i~"·“· - E. AUSTRIA, 1871. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND IHS Nov. 25, 1871. MAJESTY THE EMPEROR OF AUSTRIA, RELATIVE T0 TRADE-MARKS, -·——j— CONCLUDED AT VIENNA NOVEMBER 25, 1871; RATIFICATION ADVISED BY SENATE JANUARY 18, 1872; RATIFIED BY PRESIDENT JANUARY 27, 1222: RATIFICATIONS EXCHANGED AT VIENNA APRIL 22, 1872; PRO- C AIMED JUNE 1, 1872. The United States of America and His Majesty the Emperor of Contracting pm- Austria, King of Bohemia, &c., and Apostolic King of Hungary, desir- **<>¤· ing to secure in their respective territories a guarantee of property in trademarks, have resolved to conclude a special convention for this purpose, and have named as their Plenipotentiaries: The President of the United States of America, John Jay, their Ea- Negotiators. voy Extraordinary and Minister Plenipotentiary from the United States of America. to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria and Apostolic King of Hungary, the Count Julius Andrassy of Csik Szent Kiraly and Kraszna Horka, His Majesty’s Privy Counsellor and Minister of the Imperial House and of Foreign Aiiairs, Grand Cross of the Order of St. Stephen, &c., &e., &c. ; Who have agreed to sign the iollowing articles: Anrrcmu I. Every reproduction of trade-marks which, in the countries or territo· Protection of ries of the one of the contracting parties, are afiixed to certain mer- *'°d°"“°"k°· chandise to prove its origin and quality, is forbidden in the countries or territories of the other of the contracting parties, and shall give to the injured party ground for such action or proceedings to prevent such reproduction, and to recover damages for the same, as may be authorized by the laws of the country in which the counterieit is proven, just as if the plaintiif were a citizen of that country. _ The exclusive right to use a trade-mark for the benefit of citizens of ‘D¥¤P¤*¤9¤h;>: K- the United- States in the Austro-Hungarian Empire, or of citizens of the " “°“'° "S ‘ Austro-Hungarian Monarchy in the territory of the United States, cannot exist for a longer period than that fixed by the law of the country or its own citizens. It' the trade-mark has become public property_in when tudp the country of its origin, it shall be equally free to all in the countries mark becomes pnbor territories of the other of the two contracting parties. 1w property.