Page:United States Statutes at Large Volume 21.djvu/533

 FORTY-SIXTH CONGRESS. Sess. DI. Orr. 138. 1881. 503 ing; the class of merchandise and the particular description of goods comprised in such class to which the particular trade-mark has been _ appropriated; a description of the trade-mark itself, with fac-similes thereof, and a statement of the mode in which the same is applied and affixed to goods, and the length of time during which the trade-mark has been used. 4 _ Second. By paying into the Treasury of the United States the sum of twenty-five dollars, and complying with such regulations as may be prescribed by the Commissioner of Patents. Sec. 2. That the application prescribed in the foregoing section must, Accompanying in order to create any right whatever in favor of the party filing it, be d°°l”****°¤ *111***** accompanied by a written declaration verified by the person, or by a °“°h‘ member of a firm, or by an officer of a corporation applying, to the effect that such party has at the time a right to the use of the trade-mark sought to be registered, and that no other person, Erm, or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive; that such trademarkis used in commerce with foreign nations or Indian tribes, as above indicated ; and that the description and fac-similes presented for registry truly represent the trade-mark sought to be registered. Sec. 3. That the time of the receipt of any such application shall be Time of receipt noted and recorded. But no alleged trade-mark shall be registered un- of @PP1iQ¤¤i¤¤ W less the same appear to be lawfully used as such by the applicantin f;§;‘;§gj‘°“ “" M _ foreign commerce or commerce with Indian tribes as above mentioned g0,,d;fi0,,,, of or is within the provision of a treaty, convention, or delaration with a registry. foreign power; nor which is merely the name of the applicant; nor which is identical with a registered or known trade-mark owned by another and appropriate to the same class of merchandise, or which so nearly resembles some other person’s lawful trade-mark as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers. In an application for registration the Commissioner of Commissioner of Patents shall decide the presumptive lawfulness of claim to the alleged P°·*‘?“?” lf ‘;“":]d° trade-mark; and in any dispute between an applicant and a previous glaggms ‘° m' °` registrant, or between applicants, he shall follow, so far as the same may practice of Umbe applicable, the practice of courts of equity of the United States in tcgi States ccurts ml·>g<>¤¤ MS- §}..i‘.%‘:‘§Z.§%§&’£;Z pute. Sec. 4. That certincates of registry of trade-marks shall be issued in Qcrtiiicatcc cf the name of the United States of America, under the seal of the Depart- gfgxfyhgfv ment of the Interior, and shall be signed by the Commissioner of ’ ' Patents, and a record thereof, together with printed copies of the specifications, shall be kept in books for that purpose. Copies of trade- nviiiencein suits 1¤f·11‘kS and of statements and declarations nlcd therewith and certificates regarding trade- 0f registry so signed and sealed shall be evidence in any suit in which markssuch trade-marks shall be brought in controversy. Sec. 5. That a certificate of registry shall remain in force for thirty Duration of proyears from its date; except in cases where the trade-mark is claimed for ;‘;,°£;;’5;*;`:IP§“;;$ mid applied to articles not manufactured in this country, and in which ,,,m_,,,,2_l_ it receives protection under the laws of a foreign country for a shorter Exceptions period, in which case it shall cease to have any force in this country by virtue of this act at the time that such tradennark ceases to be exclusive property elsewhere. At any time during the six months prior to the expiration of the term of thirty years such registration may be renewed on the same terms, and for a like period. _ _ _ Sec. 6. That applicants for registration under this act shall be Crcd;1 f¤1‘_;`<>¤ credited for any fee, or part of a fee, heretofore paid into the Treasury P’°‘"° 7 P°‘ · of' the United States with intent to procure protection for the same trade-mark. _ _ Sec. 7. That registration of a trade-mark shall be prima facie evidence llcgistrpti on of ownership. Any person who shall reproduce, counterfeit, copy or gg'; <>0l0mbly imitate any trade-mark registered under this act and aiiix the Ship