Page:United States Statutes at Large Volume 33 Part 1.djvu/814

 FIFPY-EIGHTH oonomzss. sms. 111. cs. 592. 1905. 727 tion is refused, or a party to an interference against whom a decision has been rendered, or a party who has filed a notice of opposition as to a trade-mark, may appeal from the decision of the examiner in charge of trade-marks, or the examiner in charge of interferences, as the case may be, to the Commissioner in person, having once paid the fee for such appeal. Sec. 9. That if an applicant for registration of a trade—mark, or a ,p’§j,P,‘;‘;lD‘f’cf‘°‘“‘ °' party_to an interference as to a trade-mark, or a party who has filed opposition to the registration of a trade-mark, or party to an application for the cancellation of the registration of a trade-mark, is dissat- _ isiied with the decision of the Commissioner of Patents, he may appeal . to the court of appeals of the District of Columbia, on complying with the conditions required in case of an appeal from the decision of the Commissioner by an applicant for patent, or a party to an interference as to an invention, an the same ru es of practice and procedure shall govprn every stage of such proceedings, as far as the same may be ap 1ca e. Sec. 10. That every registered trade-mark, and every mark for the “"g“‘“°”‘“· registration of which application has been made, together with the application for registration of the same, shall be assi able in connection with the good will of the business in which th: mark is used. Such assignment must be by an instrument in writing and dul acknowledged according to the laws of the country or State in which the same is executed; any such assignment shall be void as against any subsequent purchaser for a valua le consideration, without notice, unless it is recorded in the Patent Office withiii three months from date thereof. The Commissioner shall keep a record of such assignments. Sec. 11. That certificates of r£tntion of trade-marks shall be uljggmgygi gw:} issued in the name of the United tes of America, under the seal of Ofhce. the Patent Oihce, andshall be signed by the Commissioner of Patents ’""’°°‘°°°•"‘°°°‘ and a record thereof, together with printed co ies of the drawing and statement of the a plicant, shall be kept in hooks for that purpose. The certificate shall) state the date on which the a plication for registration was received in the Patent Office. Certigcates of registration of trade—marks may be issued to the assignee of the applicant, but the assignment must hrst be entered of record in the Patent Office. Written or printed copies of any records, books, papers, or drawings c0’;,QS°,}}$;},{,}§,f;,‘;P relating to trade-marks belonging to the Patent Office, and of certih- ¤¤ ¤vi<i¤¤¤¤· ` cates o registration, authenticated by the seal of the Patent Office and certified by the Commissioner thereof, shall be evidence in all cases wherein the originals could be evidence; and any person making ap lication therefor and paying the fee required by law shall have certihed co ies thereof. Sec. 12. That a certilicate of registration shall remain in force for mf§,“{Q,§°,Q,gw§§?“° twenty years, except that in the case of trade-marks previously regis- Mg- S·. nc- M1. p- tered in a foreign country such certificates shall cease to be in force on ‘ the day on which the trade-mark ceases to be protected in such foreign ` country, and shall in no case remain in force more than twenty years, unless renewed. Certificates of registration may be, from time to time, renewed for like periods on payment of the renewal fees required by this Act, upon request b the registrant, his legal representatives, or transferees of record in the Patent Office, and such request may be made at any time not more than six months prior to the expiration of the period for which the certificates of registration were issued or renewed. Certificates of registration in force at the date at which this Act takes effect shall remain in force for the period for which they were issued but shall be renewable on the same conditions and for the same riods as certiiicates issued under the provisions of this Act, and whgn so renewed shall have the same force and effect as certificates issued under this Act.