Page:United States Statutes at Large Volume 33 Part 1.djvu/815

 728 FIFTY-EIGHTH CONGRESS. Sess. III. Ch. 592. 1905. ,mfgggQ‘°°*°“°"°g‘ Sec. 13. That whenever any person shall deem himself injured by ` the registration of a trade-mark in the Patent Office he may at any time apply to the Commissioner of Patents to cancel the registration thereof. The Commissioner shall refer such application to the examiner in charge of interferences, who is empowered to hear and determine this question and who shall give notice thereof to the registrant. If it appear after a hearing before the examiner that the registrant was not entitled to the use of the mark at the date of his application for registration thereof, or that the mark is not used by the registrant, or has been abandoned, and the examiner shall so decide, the Commissioner shall cancel the registration. Afppeal may be taken to the Commissioner in person from the decision o examiner of interferences. ., . Fm Size. 14. That the followin shall be the rates for trade-mark fees: _ On filing each original application for re istration of a trade-mark, fiQ",'f'§‘Q,,g ,,,,puc,,, ten dollars: Prmyided, That an application for registration of a trade- 'i¤¤¤· mark pending at the date of the ssage, of this Act, and on which . ·’ certihcate of registration shall nothhve issued at such date, may, at the option of the applicant, be proceeded with and registered under the provisions of this Act without the payment of further fee. On filing each application for renewal of the registration of a trademark, ten dollars. On filing notice of opposition to the registration of a trade-mark, ten dollars. . On an appeal from the examiner in charge of trade-marks to the Commissioner of Patents, fifteen dollars. On an appeal from the decision of the examiner in charge of interferences, awarding ownership of a trade—mark or canceling the registration of a trade-mark, to the Commissioner of Patents, fifteen dollars. For certilied and uncertitied copies of certificates of registration and other papers, and for recordin transfers and other papers, the same fees as required by law for sudli copies of patents and for recording . assignments and other pa rs relating to patents. mi.’?iy§1€°EL`;s_ M"] ”` Sec. 15. That sections fidrty-nine hundred and thirty-five and forty p§5§··¤¤¢¤-4’*‘·*°°6· nine hundred and thirty-six of the Revised Statutes, relating to the ` .payment of patent fees and to the repayment of fees paid by mistake, _ are hereby made applicable to trade-mark fees. ,,f§§“‘”°§$§*,§’€‘},,,§""},‘} Sec. 16. That the registration of a trade-mark under the provisions °“g*°Y§hlP· of this Act shall be prima facie evidence of ownership. Anv person umahment I or . ~ counterfeiting, em. who shall, without the consent of the owner thereof, reproduce,     *9*2* *" counterfeit, copy, or colorably imitate any such trade-mark aud aflix the same to merchandise of substantially the same descriptive properties as those set forth in the registration, or to labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in counection with the sale of merchandise of substantially the same descriptive properties as those set forth in such registration, and shall use, or shall ave used, such reproduction, counterfeit, copy, or colorable imitation in commerce among the several States, or with a foreign ‘ nation, or with the Indian tribes, shall be liable to an action for damages therefor at the suit of the owner thereof; and whenever in any such action a verdict is rendered for the plaintiff, the court may enter judgment therein for any sum above the amount found by the verdict as the actual damages, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs. c0{,g_;_**‘“°*i°¤ 0* Sec. 17. That the circuit and territorial courts of the United States and the supreme court of the District of Columbia shall have original jurisdiction, and the circuit courts of appeal of the United States and the court of appeals of the District of Lolumbia shall have appellate