Page:United States Statutes at Large Volume 33 Part 1.djvu/813

 726 FIFTY-EIGHTH 0oNGREss. Sess. 111. ou. 592. 1905.· chasers, shall not be registered: Provided, That no mark which consists merely in the name of an individual, iirm, corporation, or association, not written, printed, impressed, or woven in some particular or distinctive manner or in association with a (portrait of the individual, or merely in words or devices which are escriptive of the goods with which they are used, or of the character or quality of such (goods, or merely a geographical name or term, shall be registered un er the terms of this Act: Provided further, That no portrait of a living individual may be registered as a trade-mark, except by the consent of ' Mammusem-un such individual, evidenced by an instrument in writing: And prrwided y°'"’" further, That nothing herein shall revent the registration of any mark used by the applicant or his predecessors, or by those from whom title to the mark is derived, in commerce with foreign nations or among the several States, or with Indian-tribes, which was in actual and exclusive use as a trade-mark of the applicant or his predecessors from whom he derived title for ten years next preceding the passage of this Act. · Pu$f¤¤**¤¤,, I, *****1 md  6. That on the filing of an application for registration of a .a.s.,¤».»¤.is¤o, pans. trade—mark which complies with the requirements of this Act, and the payment of the fees herein rovided for, the Commissioner of Patents shall cause an examination lsiereof to be made; and if on such examination it shall a pear that the applicant is entitled to have‘his trademark registered) under the prov1sions of this Act, the Commissioner shall cause the mark to be published at least once in the Official Gazette P0§`§l§§,§_“°“°° °* °¥" of the Patent Office. Any person who believes he would be damaged by the registration of a mark may oppose the same by filing notice of opposition, stating the grounds therefor, in the Patent Office within thirt days after the publication of the mark sought to be registered, which said notice of opposition shall be verified by the person filing the same before one of the officers mentioned in section two of this Act. If no notice of opposition is filed within said time the Commissioner shall issue a certificate of registration therefor, as hereinafter provided for. If on examination an application is refused, the Commissioner shall notif * the applicant, giving him his reasons therefor. N°”°°*°°¥’Pl***“*- Sec. 7. That in allycases w ere notice of opposition has been filed the Commissioner of Patents shall notify the applicant thereof and the ounds therefor. ` hmmmn °* "" Wglienever application is made for the registration of a trade-mark which is substantially identical with a trade-mark appropriated to goods of the same descriptive properties, for which a certificate of. registration has been previously issued to another, or for registration of which another has previously made application, or which so nearly resembles such trade-mark, or a known trade-mark owned and used by another, as, in the o inion of the Commissioner, to be likely to be mistaken therefor by the public,·he may declare that an interference exists as to such trade-mark. and in every case of interference or opposition to registration he shall direct the examiner in charge of interferences to etermine the question of the right of registration to such trade—mark, and of the sufficiency of objections to registration, in such manner and upon such notice to those interested as the Com- C i-_ missioner may by rules prescribe. _ _ _ ,,,,Q,'§"‘ ,,;‘¥,g,,‘{{,*},’f The Commissioner may refuse to register the mark against the regis- ¤*<·- tration of which ob]ection IS hled, or may refuse to register both of ‘ two interfering marks, or mav register the mark, as a trade-mark, for the person lirst to adopt and use the mark, if otherwise entitled to register the same, unless an appeal is taken, as hereinafter provided for, from his decision, by a party interested in the proceeding, within such time (not less than twenty days) as the Commissioner may prescribe. mf},¤g§:'“f.,}Pg*"#”* Sec. 8. That ever applicant for the registration of a trade-mark, or for the renewal ofy the registration of a trade-mark. which applica-