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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 446

446      REPORTS OF THE DEPARTMENT OF THE INTERIOR. 
from other goods of the same class shall be refused registration as a trade-mark
on account 
of the nature of such mark unless such mark- 
(a) Consists of or comprises immoral or scandalous matter; 
(b) Consists of or comprises the flag or coat of arms or other insignia of
the United States, 
or any simulation thereof, or of any State or municipality, or of any foreign
nation: Pro- 
vided, That trade-marks which are identical with a registered or known trade-mark
owned 
and in use by another, and appropriated to merchandise of the same descriptive
properties, 
or which so nearly resemble a registered or known trade-mark owned and in
use 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 regis- 
tered: Provided,, That no mark which consists merely in the name of an individual,
firm, 
corporation, or association, not written, printed, impressed, or woven in
some particular or 
distinctive manner or in association with a portrait of the individual, or
merely in words or 
devices which are descriptive of the goods with which they are used, or of
the character or 
quality of such goods, or merely a geographical name or term, shall be registered
under the 
terms of this Act: Provided further, That no portrait of a living individual
may be registered 
as a trade-mark, except by the consent of such individual, evidenced by an
instrument in 
writing: And provided further, That nothing herein shall prevent the registration
of any 
mark used by the applicant or his predecessors, or by those from whom title
to the mark is 
derived, in commerce with foreign nations or among the several States, or
with Indian tribes, 
which was in actual and exclusive use as a trade-mark of the applicant or
his predecessors 
from whom he derived title for ten years next preceding the passage of this
Act. 
SEC. 6. That on the filing of an application for registration of a trade-mark
which com- 
plies with the requirements of this Act, and the payment of the fees herein
provided for, 
the Commissioner of Patents shall cause an examination thereof to be made;
and if on such 
examination it shall appear that the applicant is entitled to have his trade-mark
registered 
under the provisions of this Act, the Commissioner shall cause the mark to
be published at 
least once in the Official Gazette of the Patent Office. Any person who believes
he would be 
damaged by the registration of a mark may oppose the same by filing notice
of opposition, 
stating the grounds therefor, in the Patent Office within thirty days after
the publication of 
the mark sought to be registered, which said notice of opposition shall be
verified by the 
person filing the same before one of the officers mentioned in section two
of thisAct. If no 
notice of opposition is filed within said time the Commissioner shall issue
a certificate of 
registration therefor, as hereinafter provided for. If on examination an
application is 
refused, the Commissioner shall notify the applicant, giving him his reasons
therefor. 
SEC. 7. That in all cases where notice of opposition has been filed the Commissioner
of 
Patents shall notify the applicant thereof and the grounds therefor. 
Whenever application is made for the registration of a trade-mark which is
substantially 
identical with a trade-mark appropriated to goods of the same descriptive
properties, for 
which a certificate of registration has been previously issued to another,
or for registration 
of which another has previously made application, or which so nearly resembles
such trade- 
mark, or a known trade-mark owned and used by another, as, in the opinion
of the Com- 
missioner, to be likely to be mistaken therefor by the public, he may declare
that an inter- 
ference exists as to such trade-mark, and in every case of interference or
opposition to 
registration he shall direct the examiner in charge of interferences to determine
the.question 
of the right of registration to such trade-mark, and of the sufficiency of
objections to regis- 
tration, in such manner and upon such notice to those interested as the Commissioner
may 
by rules prescribe. 
The Commissioner may refuse to register the mark against the registration
of which objec- 
tion is filed, or may refuse to register both of two interfering marks, or
may register the 
mark, as a trade-mark, for the person first to adopt and use the mark, if
otherwise entitled 
to register the same, unless an appeal is taken, as hereinafter provided
for, from his decision, 
by a party interested in the proceeding, within such time (not less than
twenty days) as the 
Commissioner may prescribe. 
SEC. 8. That every applicant for the registration of a trade-mark, or for
the renewal of the 
registration of a trade-mark, which application is refused, or a party to
an interference 
against whom a decision has been rendered, or a party who has filed a notice
of opposition 
as to a trade-mark, may appeal from the decision of the examiner in charge
of trade-marks, 
or the examiner in charge of interferences, as the case may be, to the Commissioner
in 
person, having once paid the fee for such appeal. 
SEC. 9. That if an applicant for registration of a trade-mark, or a party
to an interference 
as to a trade-mark, or a party who has filed opposition to the registration
of a trade-mark, 
or party to an application for the cancellation of the registration of a
trade-mark, is dissatis- 
fied with the decision of the Commissioner of Patents, he may appeal to the
court of appeals 
of the District of Columbia, on complying with the conditions required in
case of an appeal 
from the decision of the Commissioner by an applicant for patent, or a party
to an interfer- 


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