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United States Department of State / Index to the executive documents of the House of Representatives for the second session of the fiftieth Congress, 1888-'90
(1888-1889)

Siam,   pp. 1425-1428 PDF (1.5 MB)


Page 1426


1426                        FOREIGN     RELATIONS,
                          [Inclosure 2 in No. 43.--Translation]
               A law for the protection and registration of trade-marks.
  (1) Any person who is the registered proprietor of any trade-mark, registered
in
any country which has friendly relations with Siam, may apply to His Majesty's
Gov-
ernment (through his consul) to have such trade-mark registered in Siam.
  (2) Upon any such application the applicant shall supply to His Majesty's
Govern-
ment satisfactory, proof of the due registration in some country of the trade-mark
in
respect of which the application is made, and shall pay a fee of 100 ticals.
And upon
such proof being found satisfactory, the applicant shall be registered in
a book to be
called the "Siam Trade-Mark Register," and a certificate of registration
shall be de-
livered to the applicant. Such certificate may be in the form of Schedule
2.
  (3) Any person who, after the 31st day of December, 1887, shall directly
or indirectly
import, make, sell or offer for sale in Siam any article bearing on or about
it, or on or
about the receptacle containing it, any mark which is a fraudulent or colorable
imita-
tion of any trade-mark registered in Siam, or who shall in any way infringe
such
trade-mark, shall be liable in damages to the registered proprietor of the
said trade-
mark.
  (4) Any person who shall do any such act or thing as mentioned in section
3 hereof,
and who shall be proved to have done so, maliciously or fraudulently, or
with a willful
intent to iniure the proprietor of any trade-mark, shall be liable also to
a fine not ex-
ceeding 100 ticals for each successive conviction, and the fine shall be
paid, one-half
to His Siamese Majesty's minister for foreign affairs and one-halfto the
court in which
such fine is imposed.
  (5) The registered owner ofsany trade-mark registered in Siam may by himself,
or
his attorney or agent, proceed against any person who shall have become liable
under
this act to be proceeded against, in the tribunal to which such person may
be amenable
by law, and such tribunal shall entertain-and determine all actions or proceedTngs
in-
stituted by the owners of trade-marks in Siam, whether for the recovery of
damages
or fines, or both.
  (6) All goods and articles in respect of which any legal proceedings shall
have been
instituted, and which shall have been declared by any tribunal to be counterfeit
or
fraudulent, shall be deemed forfeited to HisMajesty, and may be seized wherever
found
by any police agent or constable in the employment of His Majesty's Government.
  (7) Any person who shall be proved to have aided and abetted any offense
under
this law shall be liable equally with the principal offender, and may be
prosecuted or
made a defendant in any action for damages, notwithstanding that such principal
offender has not been or can not be prosecuted.
  (8) The registered owner of any trade-mark in Siam may assign his rights
therein
by making an application to the Siamese Government and producing the contract,
or deed of assignment, by which such right has heen or is intended to be
transferred.
And upon every transfer of a right in any tiade-mark, whether by contract
or by
operation of law, as by the death of an. owner, or otherwise, a fee of 10
ticals shall
be paid, either by the person applying to be registered, as transferee, or
bythe trans-
feror. And thereupon a note shallbe made in the Siam Trade-Marks Register,
and a
certificate of registration shall be delivered to the person to whom the
transfer has
been made.
   (9) The said register shall be open to the inspection of any person upon
payment
of a fee of 2 ticals.
  Given on the        waxing of the        month of the year Kun 1249 of
the Civil
IEra, in the 20th year of Hia Majesty's reign, corresponding to the
  By His Majesty's command,
                                                             BHASKARAWONGSE.
  The first schedule above referred to.
            Name.                    Nationality.            Date of signature.
  Second schedule above referred to: (X Y) of (Singapore), a (British)-subject,
is the
registered owner of a trade-mark for matches of. which a fac-simile is attached
to this
certificate.
                                                             Signed by A.
B.
   Bangkok, this (1st) day of (January, 1887.)IefilaofTdears
   (Fac-simile of trade-mark.)


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