Page:United States Statutes at Large Volume 44 Part 3.djvu/1066

 2496 PAN AMERICAN—TRADE MARKS. Amur. 28, 1923. priority for the registration or deposit of such mark in any of the signatory States, ~ · Aivrrcns III N¤**¤¤**g¤§:$*¤¤*· Section 1. Each signatory State, upon receipt of an application iiilrl. mu I ppm- for recognition communicated by the proper Inter American Bureau, shall determine whether protection can be granted in accordance with its laws, and notify the Inter American Bureau as soon as possible of its decision. ·— ~ of a mark under this Convention, the term to answer such objection in the country where itis made shall begin ninety days after the date of sending notice of such objection to the proper Inter American Bureau. This Bureau shall have no other part in the controversy originated by the opposition. Aarrcm: IV T"‘“’“"'°°°““”°°‘ The transfer of a mark registered or d?osited in one of the con- tracting States shall be equ ly recognize in each one of the other States with the same force an effect as if made in accordance with the respective laws of each one of those States, provided that the mark transferred is a mark, registered or deposited in the country where the recognition of transference under this Convention is gplied, for, an provided that the principles of Article V of this onvention are not impaired. Notification of transfer shall be made through the proper oiiice of the State of Hrst registration or deposit and the proper Inter American Bureau upon payment of the fees corresponding to each State for such transference. Aarrcnm V ,,·§,‘§}",,'{,{{,’f‘,§,’,'Q,f" 8*** Section 1. In any civil, criminal or administrative proceeding ansmg in a coimtry with respect to a mark, such as opposition, falsification, imitation or unauthorized appropriation, as also the false representation as to the origin of a product, the domestic author- ities of the same State alone shall have jurisdiction thereof, and the precepts of law and procedure of that State shall be observed. ,,,;‘;,°‘,§‘}",,§§',  Section 2. When refused protection under this Convention in a ¤¤¤·¤*·¤· signatory State because of prior registration or a pending application for registration, the proprietor o ‘a mark claiming recognition of rights under this Convention shall have the right to seek and obtain the cancellation of the previously registered mark, upon proving, according to the procedure by law of t e cormtry where cancellation is sought, such refusal, and either: m¥°{;§{°°°“‘°d· (a) That he had legal protection for his mark in any of the con- tractin§ States before the date of application for the registration which e seeks to cancel; or (b) That the registrant had no right to the ownership, use or emplo¥nent of the registered mark at the date of its deposit; or (c) hat the mark covered by the registration which he seeks to cancel has been abandoned. ab’g@ugP’”°¤°*¤¤ Section 3._(TI'&DSll$0l:_Y). Those who have heretofore sought the benefits of this Convention for their marks and who have been denied Erotection in certain States, may avail themselves of the right estab- 'shed in this article within two years after the present revision enters into effect. Those who subsequentlyiseek to secure the benefits of the Convention shall have a period of one year, calculated in each instance from the day following that of the receipt by the proger Inter American Bureau of notice of refusal of protection, wit in which they may avail themselves of this right.
 * ”"°'°‘°"’°°“°”" Section 2. In case objection is made to the registration or deposit

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