Page:United States Statutes at Large Volume 41 Part 1.djvu/555

 534 SIXTY—SIXTH CONGRESS. Sess. II. C11. 104. 1920. B°‘1°”°m°““· of section 5 of that Act, but which have been in bona fade use for not less than one year in interstate or foreign commerce, or commerce with the Indian tribes by the proprietor thereof, upon or in connection with any goods of such pro rietor upon which a fee of $10 has been aid to the Commissioner orp Patents and such formalities as requued ifii•i"L'i,u1¤mu¤n by the said commissioner have been complied with: Provided, That Lffks §'g,,°f'” *"°° trade-marks which are identical with a known trade-mark owned and ’ used in interstate and foreign commerce, or commerce with the Indian tribes by another and appropriated to merchandise of the same descriptive protplerties as to be likely to cause confusion or nnstake in tags mind of e public or to deceive purchasers, shall not be placed Cm Mm. on regis` ter. ‘ mum. of ms- Sec. 2. That whenever any person shall deem himself injured by the inclusion of a trade-mark on this register, he may at andyertime m a ply to the Commissioner of Patents to cancel the registration _ eof. e¤;°°°°°m° °° Illia commissioner shall refer such application to the exammer in charge of interferences, who is empowered to hear and determine this question, and who shall giye notice thereof to the registrant. If it appear after a hearin before the examiner that the ngstrant was not entitled to the excgrsive use of the mark at or since e date of his application for registration thereof, or that the mark is not used Am,,,,_ by the reiiistrants or has been abandoned, and the examiner shall so decide, e commissioner shall cancel the registration. Appeal may be taken to the commissioner in person from the decision o the may meaning examiner in charge of interferences. _ ,*g_fl!gg’_§j Sec. 3. 'l`hat any person who shall willfully and with intent to unlawiul. deceive affix, apply, or annex, or use in connection with an article or articles of merchandise, or an container or containers of tile same, a false designation of origin, includin words or other symbols, tend- _ ing to false y identigsethe origin of tie merchandise, and shall then cause such merchan to enter into interstate or foreign commerce, and any person who shall knowingly cause or procure the same to be transported in interstate or forei commerce or commerce with mw 1 dm Indian tribes, or shall knowingly d£er the same to any carrier to ,,8.,,,,,,fY °’ be so transported, shall be liab e to an action at law for damages and to an action m equity for an injunction, at the suit of any gprson, firm, or corporation doing business in the locality falsely m `cated as that of origin, or rn the region in which said locality is situated, or L_ bm I, at the surt of any association of such persons, firms, or corporations. ,,,,,,j,",,,,,§’§,.,t§’,{,,,f,’,,?"?k§ Sec. 4. That any person who shall without the consent of the owner i¤*¤°·· thereof repfoduce, counterfeit copy, or colorably imitate any trademark on the_reg1ster provided by this Act, and shall affix the same to merchandise of su stantially the same descriptive properties as those set forth m the registration, or to labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of merchandise of substantially the ame descriptive properties as those set forth in such registration, and shall use, or shal have used, such reproduction, counterfeit, copy, or colorable imitation in_ commerce among the several States, or with a foreign Plume da mk nation, or with the Indian tribes, shall be liable to an action for dam— rama, mg ages 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, nlpt exceeding three times the amount of such verdict, together with Re t ts to com- t 9 c0St’S• my vhigziiremsciwl Sec. 5. That it shall be the duty of a registrant under this Act of '°g“1‘ ‘ a mark falling within class (al of section 1, to com ly with the law of the country in which his original registration tool; place, in res ect to giving notice to the public that the trade-mark is registered: in connection with the use of such tr·ade·mark in the United States of