indicated as that of origin, or in the region in which said locality is situated, or at the suit of any association of such persons, firms, or corporations.

[SEC. 4. That any person who shall without the consent of the owner thereof reproduce, counterfeit, copy, or colorably imitate any trade-mark on the register provided by this Act, and shall affix the same to merchandise of substantially the same descriptive properties as those set forth in the registration, or to labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of merchandise of substantially the same descriptive properties as those set forth in such registration, and shall use, or shall have used, such reproduction, counterfeit, copy, or colorable imitation in commerce among the several States, or with a foreign nation, or with the Indian tribes, shall be liable to an action for damages therefor at the suit of the owner thereof; and whenever in any such action a verdict is rendered for the plaintiff the court may enter judgment therein for any sum above the amount found by the verdict as the actual damages, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs.

[SEC. 5. That it shall be the duty of a registrant under this Act of a mark falling within class (a) of section 1, to comply with the law of the country in which his original registration took place, in respect to giving notice to the public that the trade-mark is registered, in connection with the use of such trade-mark in the United States of America, and in any suit for infringement by a party failing to do this, no damages shall be recovered except on proof that the defendant was duly notified of the infringement and continued the same after such notice.

[SEC. 6. That the provisions of sections 15, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, and 28 (as to class (b) marks only) of the Act approved February 20, 1905, entitled "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," as amended to date, and the provisions of section 2 of the Act entitled "An Act to amend the laws of the United States relating to the registration of trade-marks," approved May 4, 1906, are hereby made applicable to marks placed on the register provided for by section 1 of this Act.

[SEC. 7. That written or printed copies of any records, books, papers, or drawings belonging to the Patent Office and relating to trade-marks placed on the register provided for by this Act, when authenticated by the seal of the Patent Office and certified by the commissioner thereof, shall be evidence in all cases wherein the originals could be evidence, and any person making application therefor and paying the fee required by law shall have certified copies thereof.

[SEC. 8. That the same fees shall be required for certified and uncertified copies of papers and for records, transfers, and other papers, under this Act, as are required by law for such copies of patents and for recording assignments and other papers relating to patents.

[On filing an appeal under this Act to the Commissioner of Patents from the decision of the examiner in charge of interferences, awarding ownership of a trademark, canceling or refusing to cancel the registration of a trade-mark, a fee of $15 shall be payable.]

[SEC. 9. That section 5 of the Trade-Mark Act of February 20, 1905, being Thirty-third Statutes at Large, page 725, as amended by Thirty-fourth Statutes at Large, page 1251, Thirty-sixth Statutes at Large, page 918, Thirty-seventh Statutes at Large, page 649, is hereby amended by adding the following words thereto: "And if any person or corporation shall have so registered a mark upon the ground of said use for ten years preceding February 20, 1905, as to certain articles or classes of articles to which said mark shall have been applied for said period, and shall have thereafter and subsequently extended his business so as to include other articles not manufactured by said applicant for ten years next preceding February 20, 1905, nothing herein shall prevent the registration of said trade-mark in the additional classes to which said new additional articles manufactured by said person or corporation shall apply, after said trade-mark has been used on said article in interstate or foreign commerce or with the Indian tribes for at least one year provided another person or corporation has not adopted and used previously to its adoption and use by the proposed registrant, and for more than one year such trade-mark or one so similar as to be likely to deceive in such additional class or classes."]

(Tariff Act of 1930)

[SEC. 526. (a) That it shall be unlawful to import into the United States any merchandise of foreign manufacture if such merchandise or the label, sign, print, package, wrapper, or receptacle, bears a trade-mark owned by a citizen of, or by

a corporation or association created or organized within, the United States, and registered in the Patent Office by a person domiciled in the United States, under the provisions of the Act entitled "An Act to authorize the registration of trademarks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same," approved February 20, 1905, as amended, if a copy of the certificate of registration of such trade-mark is filed with the Secretary of the Treasury, in the manner provided in section 27 of such Act, unless written consent of the owner of such trade-mark is produced at the time of making entry.

[(b) Any such merchandise imported into the United States in violation of the provisions of this section shall be subject to seizure and forfeiture for violation of the customs laws.

[(c) Any person dealing in any such merchandise may be enjoined from dealing therein within the United States or may be required to export or destroy such merchandise or to remove or obliterate such trade-mark and shall be liable for the same damages and profits provided for wrongful use of a trade-mark, under the provisions of such Act of February 20, 1905, as amended.]

(Act of June 10, 1938)

[AN ACT, To authorize the registration of certain collective trade-marks

[Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Trade-Mark Act of February 20, 1905, as amended, is amended by adding at the end thereof the following new paragraph:

""

["By similar procedure, any natural or juristic person, including nations, States, municipalities, and the like, which exercises legitimate control over the use of a collective mark, may apply for and obtain registration of such mark.' [SEC. 2. Section 1 (b) of the Trade-Mark Act of March 19, 1920, as amended, is amended to read as follows:

["(b) All other marks not registrable under the Act of February 20, 1905, as amended, except those specified in paragraphs (a) and (b) of section 5 of that Act, including collective marks of natural or juristic persons, and nations, States, municipalities, and the like, exercising legitimate control over the use of the trade-mark sought to be registered even though not possessing an industrial or commercial establishment, which have been in bona fide use for not less than one year in interstate or foreign commerce, or commerce with the Indian tribes by the proprietor thereof, upon or in connection with any goods of such proprietor upon which a fee of $15 has been paid to the Commissioner of Patents and such formalities as required by the said Commissioner have been complied with: Provided, That trade-marks which are identical with 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 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 collective 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 territory

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 privilege 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 manner 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."]

1st Session

No. 945

CLARENDON DAVIS

JUNE 27, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. HART, from the Committee on War Claims, submitted the

following

REPORT

[To accompany H. R. 40621

The Committee on War Claims, to whom was referred the bill (H. R. 4062) having considered the same, report favorably thereon with an amendment and recommend that the bill, as amended, do pass. The amendment is as follows:

In line 6, strike out "$680" and insert in lieu thereof "$300".

The purpose of this bill is to reimburse the claimant, Clarendon Davis, in the sum of $300 as the result of the failure of the postmaster at Camilla, Ga., to deliver to said claimant the full number of war-savings stamps for which he paid. In fact the Postmaster General in the report he has made and herein after appended, recommends the passage of the bill allowing $300.

The bill as introduced, the same as the one introduced at a previous Congress, sets the amount of the claim at $680. This is the amount represented when the claimant first discovered that his certificates contained only 64 stamps whereas he had paid for 200. The difference, 136 stamps at $5 each, was $680.

The postmaster's sureties paid $380, as explained in the report of the Postmaster General, but declined to pay the remaining $300 for the reasons set forth in the same report.

The facts in the case are fully set forth in the report of James A. Farley, Postmaster General, under date of April 18, 1939, and in the communication of May 11, 1939, in response to the committee's inquiry as to whether the $380 collected by the sureties had been paid to the claimant, both of which communications are hereto appended and made a part of this report.

Hon. R. T. WOOD,

Chairman Committee on War Claims,

POST OFFICE DEPARTMENT, Washington, D. C., April 18, 1939.

House of Representatives.

MY DEAR MR. WOOD: The receipt is acknowledged of your letter of March 20, 1939, requesting a report upon H. R. 4062, a bill for the relief of Clarendon Davis. Investigations by the Department have shown that Mr. Davis paid for two hundred 1918 war-savings stamps of a maturity value of $1,000, and the records of the Camilla (Ga.) post office show registration of 60 stamps in the name of Clarendon Davis, 20 stamps in the name of Minnie Tallula Davis, and 40 stamps each in the names of Christine Davis, Lorine Davis, and Pauline Davis, a total of 200 stamps. Mr. Davis alleges that he received from the former postmaster an envelope which was supposed to contain all the stamps, and placed it in his safedeposit box at the bank, but that when he obtained the stamps, after maturity, for the purpose of obtaining payment, he found only certificates bearing a total of 64 stamps. Three certificates with 20 stamps on each, registered in his own name, according to the records, were missing, and 4 certificates belonging, respectively, to his wife and 3 daughters had only 1 stamp on each though the records indicated registration of 20 on each.

The Treasury Department has declined to allow claims alleging loss of the missing stamps, on the ground that the evidence indicated that the stamps were never actually registered and delivered. The Department has recently collected $380 from the sureties of the former postmaster, representing the maturity value of 76 stamps belonging to Mr Davis' wife and daughters, this amount being paid by the surety company in view of the evidence furnished by the four certificates with only one stamp affixed to each. The surety company has declined to pay the $300 representing the missing certificates registered, according to the records, in the name of Clarendon Davis, in view of the lack of any conclusive evidence showing that they were not delivered to the owner by the former postmaster.

If the certificates were delivered and later lost by the owner, he is entitled to payment, under the regulations of the Treasury Department and if they were not delivered, he is entitled to recover an account of the delinquency of the former postmaster Sufficient evidence cannot be obtained to effect a settlement by either method. The case is therefore believed to be an appropriate one for relief by special act of Congress.

I recommend passage of the bill after it has been amended by deducting the $380 collected from the surety company leaving $300 as the amount to be paid to Mr. Clarendon Davis.

Very truly yours,

JAMES A. FARLEY,
Postmaster General.

POST OFFICE DEPARTMENT, Washington, D. C., May 11, 1939.

Hon. R. T. WOOD,

Chairman, Committee on War Claims,

House of Representatives.

MY DEAR MR. WOOD: The receipt is acknowledged of your letter of the 3d instant, requesting further information respecting the claim of Clarendon Davis for whose relief H. R. 4062 has been introduced.

The records of the Department show that the sum of $380, which was collected from the sureties of the former postmaster at Camilla, Ga., was paid to the wife and three daughters of Mr. Davis.

Very truly yours,

S. W. PURDUM, Acting Postmaster General.

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