Page:United States Statutes at Large Volume 52.djvu/680

 52 STAT.] 75TH CONG., 3D SESS.-CHS. 332, 333 -JUNE 10, 1938 same descriptive properties or which so nearly resemble 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 properties as to be likely to cause confusion or mistake in the mind of the public or to deceive purchasers, shall not be placed on this register." SEC. 3 . Section 4 of the Trade-Mark Act of February 20, 1905, as amended, is further amended by deleting therefrom the following: "Provided further, That subject to the provisions of section 5 of said Trade-Mark Act (U. S . C., title 15, sec. 85) registration of a col- l lective mark may be issued to an association to which it belongs, which association is located in any such foreign country and whose existence is not contrary to the law of such country, even if it does not possess an industrial or commercial establishment:". SEC. 4 . Registrations heretofore granted under that portion of section 4 of the Trade-Mark Act of February 20, 1905 as amended, repealed by section 3 of this Act, shall hereafter have the same force and effect as if granted under section 1 of this Act, and applications pending under such portion of such section 4 shall be considered in accordance with the provisions of section 1 of this Act. SEC. 5 . Section 29 of the Trade-Mark Act of February 20, 1905, is amended to read as follows: "SEC. 29. In construing this Act the following rules must be observed, except where the contrary intent is plainly apparent from the context thereof: The United States includes and embraces all territory which is under the jurisdiction and control of the United States. The word 'States' includes and embraces the District of Columbia, the Territories of the United States, and such other terri- tory as shall be under the jurisdiction and control of the United States. The terms 'person' and 'owner', and any other word or term used to designate the applicant or other entitled to a benefit or privi- lege or rendered liable under the provisions of this Act, include a firm, corporation, or association as well as a natural person. The term 'juristic person' includes a firm, corporation, association or similar organization capable of suing and being sued in a court of law. The terms 'applicant' and 'registrant' embrace the successors and assigns of such applicant or registrant. The term 'trade-mark' includes any mark which is entitled to registration under the terms of this Act, and whether registered or not, and a trade-mark shall be deemed to be 'affixed' to an article when it is placed in any man- ner in or upon either the article itself or the receptacle or package or upon the envelope or other thing in, by, or with which the goods are packed or enclosed or otherwise prepared for sale or distribution." Approved, June 10, 1938. [CHAPTER 3331 JOINT RESOLUTION Supplementing and amending the Act for the incorporation of Washington College of Law, organized under and by virtue of a certificate of incorporation pursuant to class 1, chapter 18, of the Revised Statutes of the United States relating to the District of Columbia. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the certificate of incor- poration of Washington College of Law, of Washington, District of Columbia, under chapter 18 of the Code of Laws of the District of Columbia (1929 D. C. Code, title 5, ch. 8), be, and the same is hereby, approved and confirmed, except as herein specifically altered and amended. 639 Registration of col- lective mark belong- ing to association. 33 Stat. 725. 15 U.S. C. §84. Proviso deleted. Registrations of for- eign associations here- tofore granted; effect of. 33 Stat. 731. 15 U.S. C. §108. Rules of construc- tion. Jane 10, 1938 [H. J. Res. 582] [Pab. Res., No. 106] District of Colum- bia. Washington College of Law; incorporation, etc., approved. 31 Stat. 1280. 5D. C.Code,ch.8.

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