Page:United States Statutes at Large Volume 44 Part 1.djvu/377

 `3(S ITITLE 1f5.—-COMM Hgf. mst address of which the Commissioner of Patents hu been momierl. .(Feb. 20,-1905, tz. 592,_§_ 3,r‘33`Stat,_ 725.) ‘· _ · get Efect of previous application Eled in foreign country`; pm·.·iSo.—-—An) application `for registration ot; aetredeemerk Bled in {his e0unti‘y_ by any person who has- previously =regulai·l5 mo.; an any foreign country which, by treaty, convention, or law} ,,;·;·m1s similerprivileges tocitizene of the United States an ` ;,M,;u.·etion for registration of the some trecle-mark shellbe mir-orqllexl the same force and effect as would- be accorded to the r;.;.»e application if med in this couhtry on thedete on which M ;t;i·—;i1i<•u- for registration of the same trade-mark was iirst .;;;·ei {:1 su¢·b`fot‘€Jgu ’cO¤nYtry:_Pr0v£dec§, That such application `  el¢·d`i·n this country within four mouths from the date or lx e.1··h the application wes drst ii1ed in such foreign country .1 oi ;»ro·vidied, That certificate of registration shall not be xw any `mark for registretion~ of which ·dpplieation·hr1s. beer tml by on eppliczmtlocated in e foreign country until suck I1 I4}`k`1}{IS'b€é£] actually registered by the applicaht"iu`the"co1in wr in which he is located, (Feb. 20,` 1905; c. 592, ‘§ 4, 33 Stat IBB s » » ~ . . _ . v "  ‘Trede-marks. which may   registercdwy-1$_Io mark bs elm-In the goods of the. owner" of the ma`i·k may bedietin
 * »»i~m·d from other goods of the same_class shell be; retuseé

uml; unlesseuch mark- _ ", ·` A, ’ __ ul) Cu¤sists` of or comprises. immoral or Scahdalou matter (§;)~Consists'0t_or comprises the flag or coat of arms 01 · me—·r_iz1signia.0£ the United States or apy simulation thereof er of any State or municlpelity or ot QDY’·{01‘9ig§1 uatioxg, *01 or any design or picture that has beep or may hereefter be erlopted by any fraternal society as its emblem; or of ani: msme, distinguishing mark, character, emblem, colors} jog ‘ ··¤· mumer adopted by any institution, organization, cl-eb, or _ »=·»4·ir·ty which `wes incorporated in' any State in the Unltet ‘ smtee priorlto the date of the adoption and use by the appli rem: Provided; Thet said name, distinguishlxxg ~merk, eher ne%•·r, emblem, colors, deg, or Eenxrer was ’edopted`end3pr1blic1: uml by said.iustitutlbx1, organization,. club, or society prior tr the date of adoption end use by the applicant: Prqptdcdt The mu!e—mark$ whieh °are` identical-f with A registered or know! mule-mark owned and in use by, another a.¤d.`eppropt1&ted t¤ z mr-rchanrlise of the same·deec·ript1ve' properties, exiwhich s· non rly resemble e_ registered or knqyvu trede··mm.·lr_ owned shi , use by eqother and appropriated to. ·merchendise,_ef th· Rdmripdve properties as to be likely; to m e confusion or mistake le the mind ot the public or to —deeei·:Lurcbesen ~m11.¤o1; be registered: Proi»ided,_"J?het QQ mark whichecofn e sists merely in the name ot. an individual, mm, corporation ·or association riot written, printedflmpressed, or woven i1 some particular or dlstinctlvemenner, or ih association ·wlt1 ·n portreitf of the indlvidue.l,` or merely in words or devieev which are deeerlptlve of the good; with which they ere used ’ or or the cherecteror quality of such goodn, or mer? e geo xxrzlphicel heme or term,° shall bereglstered under e term _ of this subdivision ct this chapter: Pr0vtded`fur¢h.e»·, That n· yortrait of a living individual may be registered as- a. trede mor}: except by the consernt of such l¤dividuel,.°.cvide11ced b; nn instrument in writing, nor may the portrait of epyrdeceasei l*roeldent»ot the United States be registered during the ltte o me widow, lf any., except by the eoesent ¤:me.w1dow`¤v1 douced in such manner-: And provided further:. That nothin; lxereiz; shell prevent the registration ot my mark used; by the Hvblivauthor his predeceseore; or by those from whom title t· the mark is derived, i¤‘_coiumerce with foreign nations o among the several States or with Ihdlan tribes which wes 11 aeuiol and exclusive use ee. e trade-mark ot the ep¤pllee¤t,,o his predecessors from whom he derived title for-  year
 * ·.·;ie(¤·ation as a (r;1de·mark on account of the nature of sucl

Q rmwn AND ·TRADE· __ § 87 n' next preceding February ‘ 20, 19O5:jPm1>ided further, That nothing herein shall 'prevent the registration of. a trade-mark t otherwise registrnble because of. its being the name of the L applicant or a portion gthereof. And if any person or corr poration shall have so registered a mark- upon the ground of, said use `for ten -yenrs preceding February 20, 1905, as to cer· [ tain articles orrclasses "ot articles to which said mark shall an ____Y1ave been applied for said period, and shall have thereafter K z ond. subsequently extended his business so as to inclnde other l articles not manufactured by said epplicent, for ten years t next preceding February 20, _1905, nothing herein shell prevent n. the re§strz1tion of said trndemnrk in the .ad`¢l`itionnl classes n to- which 'snfd `new ·· additional `erticles manufactured by said
 * person. or_c0rporatio1f,shnll apply, after snld·_trm`le—n:erk has

l been used on said grticle in interstate or foreign commerce or 1 with the Indian tribes for nt least,one_ year. provided another 1 person or corporation has not hdopted and used previously to · its adoption and use by the proposed registrant, and for more l. `than one year such trade-mark. or one so similar as te he U likely to de<·eive°in_·such additional plasé or classes. (Feb. 20, r 1905, c. 592. § 5, 33 'Stnt. 725; 2, 3907,- e. ""73,` 5 1, 34 - Stat. 1251; Feb. 18, 1911, c. 113, 36** Stat. 918; J5: 8, 1913. c. l 7, 37 Stat. 649; ·Mdr,_19,_·1920, c..10·1,'§ .9, 4$·Stnt. 535; June 1 7,_1924,c.341;43SteL847.—). . ' r 86. Examination of application ;_ notice of opposition; cer- ~. tiiicnte issued or refnsed.——On the ihllng off sn application for r `registration of a trndeniark  complies with the  reqnire— · F, ments of this subdivision ii? this chapter, and the payment ot r the tees, provided for nl bections 94 and  of this chapter, fthe e Commissioner of Patents wall eanse nn ·exs@¥t}ntion thereof v to be made} and it on such examination it shell eppear that 7; the — nppligant is entitled to have his· trschrmnrk registered r ·under the provisions of this suhdivision  chapter, the 1 commissioner shall cause the mark to, be"` hhlished it least · once in the OEclul Gazette of the `Petent Omoo. Any pereon — who believes he · would be damaged by the regimtion ot el sr- mark may opposed the ‘ some by ming notice of Joppoeltion,
 * • stating the jgronnds ·therefor,» in the Patent Ome within thirtr

t deysnftenthe publication of the mark nought to he rwistered, a_ which iaicfhotlce of opposition shall be verined hy the 'pereen _ o ming the some before one ot the omcers mentioned in "s&·tion o` 82 of this chapter. ·?An opposition may he Bled by e duly 1 _ authorized attorney, but said opposition shall he null and void e_ unless verinéd by the opposer within A reasonable time after n such ming. It no notice offopposition is Bled within said time, s > the conunlssioner shall issue dfcertidcste i' registration theres .-r · for, has herelnefter provided for.- If on eglmtion an applil, cation is  the comlnissioner shell notify the applicant, n' giving .him`his reasons therefor.- (Teh. 20,1906, c. 5Q2,.§ 6,1 h & "Stst. 726: Her. 2, 190*3*. c._25’I3, { 2, 34 Stat. 1252Q). · s · 87. Exnminntion of interferences; refusal of registration.- t, In all cases where notice ot, opposition has been ‘·ii1e<l the »— Commissioner ot Patents shell notify the jpplieont, thereof p and the grounds therefor. t _ * ‘ X _ ° ._ o _ Whenever application, is made {ortho registration of o trade- 9 mark which is substantinlly ldenticsl with e trademark opprey printed to goods of the same descriptive properties, for which I another, or for reglstrntion of which another hoe, .previom~¤ly L- made application, `or which so nearly resembles such trade- e in the opinion of the commissioner, to be likely to be mistaken o- therefor by the public, the may declare that en lnterference r exists as to such trsde·mnrk,_ and ln every cose ot interference I n or Gbwsition to ‘re§istrhtion' he shell direct? the exnnnlner .in» r phnrge of interferencw toddeteximlne the question of the right s ot L’§¥llU'$u0¤ to such trade-mark, and of the_‘snillclency of ,:
 * l a_ cerjtiilcete ot registration hes been previously lssued ~to
 * mark. or s. known trade-ma,rk owned and nosed by another, es,