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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

Brazil,   pp. 55-76 PDF (9.1 MB)

Page 63

                           [Inclosure in No. 128.-Translation.]
                        Law of Brazil concerning trade-marki.
 Decree No. 3346, of October 14, 1887, establishing rules for the registry
of marks of
                              manufacture and trade.
   The Princess Imperial Regent, in the name of the Emperor, thinks fit to
 and order to be enforced the following resolution of the general assembly:
                                     ARTICLE 1.
   The producer or merchant has the right to distinguish his merchandise
or products
 by means of special marks.
                                    ARTICLE 2.
   Industrial and trade marks may consist of everything which this law does
not pro-
 hibit (Art. 8), and which may distinguish articles from others, identical
or similar, of
 different origin.
   Any name, special or common, denomination, partnership, designation, or
 and letters or ciphers only, will serve for this purpose, if invested with
a distinctive
                                    ARTICLE 3.
   In order to secure the exclusive use of said marks, their registry, deposit,
and pub-
 lication according to this law are indispensable.
                                    ARTICLE 4.
   The commercial junta (council) or inspectoria (board of inspection) of
the locality
 of the establishment, or of the principal one when more than one of the
same kind
belong to only one owner, is competent for the registry. The commercial junta
Rio de Janeiro is also competent for the registry of-foreign marks and as
the central
depository of those registered in other juntas or inspectorias.
                                    ARTICLE 5.
  To effect the registry, a petition from the party interested, or his special
is necessary, accompanied by three samples of the mark, containing:
  (1) A representation of what constitutes the mark, with all its accessories
   (2) A declaration of the product of industry or trade for which it is
designed, the
occupation of the petitioner, and his place of residence.
                                    ARTICLE 6.
  The secretary of the junta, or the employd of the inspectoria appointed
for that
purpose, shall certify on each of the models the day and hour of its presentation,
should the registry be ordered, he shall deposit one of them in the archives,
and de-
liver the others to the parties interested with a note of the registry and
its nifuiber.
                                    ARTICLE 7.
  Within thirty days the party interested shall publish, in the newspaper
that in-
serts the acts of the general or provincial government, the certificate of
registry con-
taining the explanation of the characteristics of the mark, copied from the
required by article 5, No. 1, and within sixty days (reckoning these terms
from the
date of the said registry) he shall deposit one of the models in the commercial
junta of
Rio de Janeiro, according to article 4.
                                    ARTICLE 8.
  The registry of a mark is prohibited which contains or consists of:
  (1) Coats of arms, armorial bearings, decorations or insignia, public o
official, dI
mestic or foreign, When their use has not i)eert dully iaqtbrize1,

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