Page:United States Statutes at Large Volume 33 Part 1.djvu/817

 730 FIFTY-EIGHTH CONGRESS. Sess. III. Ch. 592. 1905 whole or in part according to the interest of the parties in the trademark, and may order the certificate of registration to be delivered up to the Commissioner of Patents for cancellation. . m;‘;§,'§§’ "g*‘*“’ °"‘* Sec. 23. That nothing in this Act shall prevent, lessen, impeach, or RLS..¤éc-49450-956· avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trade-mark might have had if the provisions P°“"`“‘ “*'*""‘“ Ofghis ;ctTlid mil heel] pltsscdlf l t f d`tl fli - _ ‘ ‘ j `mc. . at a a ica ions or re is ra ion en ing in 18 office ida my be mend of the Commissioner bf Patents at thegtime of the? passage of this Act ` may be amended with a view to bringing them, and the certificate issued upon such applications, under its provisions, and the prosecu- ‘· tion of such applications may be proceeded with under the provisions · of this Act. F¤{;¤d¤l¤¤* *¤**°· Sec. 25. That any person who shall procure registration of a trademi{s.§sec.4o44,p.sac. mark, or entry thereof, in the office of the Commissioner of Patents · by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable to pay any damages sustained ' in consequence thereof to the injured party, to berecoverod by an action on the case. ‘ §°g°‘s°£°4';';., ,56 Sm. -26. That the Commissioner of Patents is authorized to make ` "’p`rules and regulations, not inconsistent with law, for the conduct of . roceedings in reference to the registration of trade-marks provided for by this Act. . _lmy><>;¢¤<¤ dwg Sec. 27. That no article of imported merchandise which shall copy or $·ileli¤f:g¤,eiell` ma simulate the name of any domestic manufacture, or manufacturer or “'“*'“"’· trader, or of any manufacturer or trader located in any foreign country Which, b treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copyor simulate a trade-mark registered in accordance with the provisions of this Act, or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured _ _ in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any m§fg*¤g{_ °* ***9** custom-house of the United States; and, in order to aid the omcers of ` the customs in enforcing this prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, convention, declaration, or a reement between the United States and any foreign country to the advantages afforded by law to citizens of the United States in respect to trade—marks andcommercial names, may require his name and residence, and the name of the locality in which his goods are manufru-- tured, and a copy of the certificate of registration of his trade-mark, Tri;s§3;%gL>gl¢t<;r;l?y issued in accor ance with the provisions of this Act. to be recorded in ' books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe. and may furnish to the Department facsimiles of his name, the name of the locality in which his goods are manufactured, __tg¤ejgm§$;¤¢¢v¤· or of his registered trade-mark; and thereupon the Secretary of the ' " ‘Treasury shall cause one or more co ies of the same to be transmitted to each collector or other proper ofliizer of customs. Nggggeigg public of Sec. 29. 'l‘hat it shall be the duty of the registrant to give notice to ‘ the public that a trade-mark is re 'stered, either by atlixing thereon the words “Registered in U. S. Patent Office," or abbreviated thus, "Reg. U. S. Pat. Off.," or when, from the character or size of the trade-mark, or from its manner of attachment to the article to which it is appropriated, this can not be done, then by aflixing a label containing a li e notice to the package or receptacle wherein the article or articles are inclosed; and in any suit for infringement bv a party failing so to give notice of registration no damages shall be recovered,