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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I
([1905])

Indian legislation passed during the second and third sessions of the Fifty-eighth Congress,   pp. 441-471 PDF (16.2 MB)


Page 445

INDIAN     LEGISLATION      OF FIFTY-EIGHTH        CONGRESS.         445
CHAP. 592. An Act To authorize the registration of trade-marks used in commerce
with foreign 
nations or among the several States or with Indian tribes, and to protect
the same. [Vol. 33, p. 724.] 
Be it enacted by the Senate and House of Representatives of the United States
of America 
in Congress assembled, That the owner of a trade-mark used in commerce with
foreign 
nations, or among the several States, or with Indian tribes, provided such
owner shall be 
domiciled within the territory of the United States, or resides in or is
located in any foreign 
country which, by treaty, convention, or law, affords similar privileges
to the citizens of 
the United States, may obtain registration for such trade-mark by complying
with the 
following requirements: First, by filing in the Patent Office an application
therefor, in 
writing, addressed to the Commissioner of Patents, signed by the applicant,
specifying 
his name, domicile, location, and citizenship; the class of merchandise and
the particular 
description of goods comprised in such class to which the trade-mark is appropriated;,
a 
description of the trade-mark itself, and a statement of the mode in which
the same is 
applied and affixed to the goods, and the length of time during which the
trade-mark has 
been used. With this statement shall be filed a drawing of the trade-mark,
signed by the 
applicant, or his attorney, and such number of specimens of the trade-mark,
as actually 
used, as may be required by the Commissioner of Patents. Second, by paying
into the 
Treasury of the United States the sum of ten dollars, and otherwise complying
with the 
requirements of this Act and such regulations as may be prescribed by the
Commissioner 
of Patents. 
. SEC. 2. That the application prescribed in the foregoing section, in order
to create any right 
whatever in favor of the party filing it, must be accompanied by a written
declaration veri- 
fied by the applicant, or by a member of the firm or an officer of the corporation
or asso- 
ciation applying, to the effect that the applicant believes himself or the
firm, corporation, 
or association in whose behalf he makes the application to be the owner of
the trade-mark 
sought to be registered, and that no other person, firm, corporation, or
association, to the 
best of the applicant's knowledge and belief, has the right to such use,
either in the identical 
form or in such near resemblance thereto as might be calculated to deceive;
that such 
trade-mark is used in commerce among the several States, or with foreign
nations, or with 
Indian tribes, and that the description and drawing presented truly represent
the trade- 
mark sought to be registered. If the applicant resides or is located in a
foreign country, 
the statement required shall, in addition to the foregoing, set forth that
the trade-mark 
has been registered by the applicant, or that an application for the registration
thereof 
has been filed by him in the foreign country in which he resides or is located,
and shall give 
the date of such registration, or the application therefor, as the case may
be, except that 
in the application in such cases it shall not be necessary to state that
the mark has been used 
in commerce with the United States or among the States thereof. The verification
required 
by this section may be made before any person within the United States authorized
by law to administer oaths, or, when the applicant resides in a foreign country,
before any 
minister, charg6 d'affaires, consul, or commercial agent holding commission
under the 
Government of the United States, or before any notary public, judge, or magistrate
having 
an official seal and authorized to administer oaths in the foreign country
in which the 
applicant may be whose authority shall be proved by a certificate of a diplomatic
or consular 
officer of the United States. 
SEC. . That every applicant for registration of a trade-mark, or for renewal
of regis- 
tration of a trade-mark, who is not domiciled within the the United States,
shall, before the 
issuance of the certificate of registration, as hereinafter provided for,
designate, by a notice 
in writing, filed in the Patent Office, some person residing within the United
States on whom 
process or notice of proceedings affecting the right of ownership of the
trade-mark of which 
such applicant may claim to be the owner, brought under the provisions of
this Act or under 
other laws of the United States, may be served, with the same force and effect
as if served 
upon the applicant or registrant in person. For the purposes of this Act
it shall be deemed 
sufficient to serve such notice upon such applicant, registrant, or representative
by leaving 
a copy of such process or notice addressed to him at the last address of
which the Commis- 
sioner of Patents has been notified. 
SEC. 4. That an application for registration of a trade-mark filed in this
country by any 
person who has previously regularly filed in any foreign country which, by
treaty, conven- 
tion, or law, affords similar privileges to citizens of the United States
an application for 
registration of the same trade-mark shall be accorded the same force and
effect as would be 
accorded to the same application if fied in this country on the date on which
application 
for registration of the same trade-mark was first filed in such foreign country:
Provided, 
That such application is filed in this country within four months from the
date on which the 
application was first filed in such foreign country: And provided, That certificate
of regis- 
tration shall not be issued for any mark for registration of which application
has been filed 
by an applicant located in a foreign country until such mark has been actually
registered 
by the applicant in the country in which he is located. 
SEC. 5. That no mark by which the goods of the owner of the mark may be distinguished


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