Page:United States Statutes at Large Volume 33 Part 1.djvu/812

 FIFIZY-EIGHTH CONGRESS. Sess. HI. C11. 592. 1905. 725 mark sought to be registered. If the applicant resides or is located ab*}g{{}‘°”“‘“ '°¤*‘““¤ in a foreign country, the statement required shall, in addition to the ` foregoing, set forth that the trade-mark has been registered by the applicant, or that an application for the registration thereof has been mfj’,‘}%,{f,¤{*”f,*}'jg;{; fi ed by him in the foreign country in which he resides or is located, deriée. W and shall give the date of such registration, or the application therefor, as the case may be, except that in the application in such cases it shall not be necessagy to state that the mark has been used in commerce with_the Unit States or among the States thereof. The verification V;¤i¤¤¤¤¤¤· haw required by this section may be made before any person within the ma °` United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any minister, char é d aiiaires, consul, or commercial agent holding commission under the Government of the United States, or before any notary public, judge, or magistrate having an official seal and authorized to administer oaths _ in the foreign country in which the applicant may be whose authority slpalijbe pgoged by a certificate of a diplomatic or consular officer of t e United States. · . Sec. 3. That every applicant for registration of a trade-mark, or for D°°ig”°”*°¤ of Pf"j renewal of registration of a trade—mark, who is not domiciled within the gignitiegigimieast M United States, shall, before the issuance of the certificate of registration, as hereinafter provided for, designate, by a notice in writing, filed ,¤lg’*i°° °* P’°°‘*°‘*· in the Patent Office, some person residirpg within the United States on ` whom process or notice of proceedin s a ecting the right of ownership of the trade-mark of which such apgdicant may claim to be the owner, brought under the provisions of this Act or under other laws of the United States, may be served, with the same force and efect as if served upon the applicant or rgistrant in person. For the purposes of this Actitshall deemedsu eienttoserve such notieeugnsuchapplicaut, registnut, or representative by leaving a copy of su process or notice ad ressed to him at the last address of w ich the Commissioner of Patents has been notified. Sec. 4. That an application for registration of a trade—mark filed in miggatzwof f¤r¤is¤ this country by any person who has previously regularly filed in any Z ' foreign country w ich, by treaty, convention, or aw, affords similar privi egcs to citizens of the United States an application for registration of the same trade-mark shall be accorded the same force an effect as would be accorded to the same application if filed in this country. on the date on which application for registration of the same trademark was first filed in such foreign country: Provided, That such ,{’mg··g··m application is filed in this country within four months from the date ' on which the application was first filed in such foreign country: And provided, That certificate of registration shall not be issued for any ";:;,¤:tcgf ¤¢r¤¤¢¤¢¤· mark for registration of which application has been filed by an appli- ' cant located in a foreign country until such mark has been actually registered b · the applicant in the country in which he is located. Sec. 5. That no mark by which the goods of the owner of the mark m;§g{:r*;(h¤¢ M! bs may he distinguished from other goods of the same class shall be a.s.,seé.4ses,p.a=s.s. refused registration as a trade—mark on account of the nature of such mark unless such ri1ark— (a) Consists of or comprises immoral or scandalous matter; _ _ sxcepueus. (li) Consists of or comprises the flag or coat of arms or other insignia of the United States, or any simu ation thereof, or of any State or municipality, or of any foreign nation: Promded, That trade-marks which are identical wit a registered or known trade-mark owned and in use by another, and appropriated to merchandise of the same descriptive properties, or w ic so nearly resemble a registered or known trade—mark owned and in use by another, and appropriated to merchandise of the same descriptive properties, as to be likely to cause confusion or mistake in the mind of the public, or todeceive pur-