into effect without the permission of the registered owner of the latter. If the essential contents of the registration are taken, without consent, from the descriptions, drawings, models, implements or arrangements of another person, the protection based on this act shall not affect the injured party.

SEC. 5. In so far as a right founded on section 4 infringes a patent. the application for which was filed prior to the application for protecting the model, the party entered on the register of models may not make use of such right without permission of the first patentee. Similarly, in so far as a right based upon section 4 infringes a patent subsequently filed, the right derived from this patent may not be made use of without the consent of the owner registered in the records of useful models.

SEC. 6. If the requirements of section 1 are wanting, anyone can claim that the registration of the useful model be canceled. In the case of sections 4 and 5, the injured party can claim that the registration of the useful model be canceled.

SEC. 7. The right based on the registration in the records passes over to the heirs and can be transferred, either restricted or unrestricted, to other persons by contract or testament.

SEC. 8. The duration of the protection is three years; the period begins on the day following the application. On payment of a further duty of 60 marks (£3) prior to the expiration of the period, an extension of the period of protection for another three years will be granted. The extension will be registered in the records. If. during the period of protection, the registered party renounces his right to the protection the registration will be canceled. The cancelments of registration not taking place in consequence of the lapse of the period of protection are to be published at definite periods in the Imperial Gazette.

SEC. 9. Whoever wittingly or through culpable negligence makes use of a useful model in contravention of the provisions of the sections 4 and 5 is liable for damages to the injured party. Suits concerning infringements of the right of protection become superannuated in three years in consideration of each and every act on which the same is based.

SEC. 10. Whoever wittingly makes use of a useful model in contravention of the provisions of sections 4 and 5 is liable to a fine not exceeding 5,000 marks (£250) or to one year's imprisonment. The prosecution is initiated only on application. The withdrawal of the application is permissible. On the passing of judgment the right to publish the same at the cost of the condemned party is to be immediately awarded to the injured party. The mode of the publication as well as the period for the same is to be determined in the judgment.

SEC. 11. Besides the punishment, a penalty up to 10,000 marks (£500) and payable to the injured party may be fixed, on the application of the latter, in place of all compensation arising out of this law. For this penalty the condemned parties are responsible as joint debtors. A penalty thus fixed excludes the validity of all further claim to compensation.

SEC. 12. In civil suits, in which by plaint or counterplea a claim is made founded on the provisions of this law, the action and decision for final judgment shall be carried to the imperial court in accordance with section 8 of the preamble to the law of legal constitution.

SEC. 13. Whoever has no residence or establishment in this country (Germany) can claim the protection of this law only when in the State in which he has his residence or establishment. German utility models enjoy protecton in accordance with a publication contained in the Imperial Law Gazette. Whoever files an application based on the above provision must at the same time appoint a representative dwelling in this country (Germany). Name and residence of the representative will be registered on the records. The registered representative is empowered to represent the owner of the protection in suits concerning the useful model, and to institute prosecutions. The place where the representative has his residence and, in want therefore, then the place where the Patent Office has its seat, is, in accordance with section 23 of the law of regulations in civil suits, to be regarded as the place where the object is to be found, viz, where the suit respecting the infringement of the useful model shall be instituted.

SEC. 14. The provisions concerning the rule and practice of the Patent Office, which are required for the execution of this law, will be made by imperial enactment with the consent of the Federal Council. SEC. 15. This law comes into force on the 1st October, 1891. Given under the imperial hand and seal on board of our dispatch boat Greif the 1st June, 1891.

[L. S.]

(Signed)

WILHELM.

VON BOETTICHER.

[The law for the protection of trade-marks.]

We, William, by the grace of God, German Emperor, King of Prussia, etc., enact in the name of the Empire, with the advice and consent of the Federal Council (Bundesrat) and of the Parliament (Reichstag), as follows:

SECTION 1. Whoever in the course of his business wishes to make use of a trade-mark for the distinction of his goods from the goods

of another, may apply for the registration in the register of trademarks.

SEC. 2. The register of trade-marks is to be kept at the Patent Office. The application for a trade-mark is to be made at the Patent Office in writing. There must be annexed to each application the designation of the business in which the mark is to be employed, a list of the goods for which it is intended, as well as a clear representation, and in so far as is necessary, a description of the mark. The Patent Office is to issue regulations with regard to the other requirements for the application. For every mark, on application, a fee of 30 marks is to be paid, and on every renewal of the application a fee of 10 marks. If the first application is not prosecuted up to registration, then, of the fee, 20 marks are to be refunded.

SEC. 3. The register of trade-marks shall contain:

(1) The exact time of the arrival of the application.

(2) The deposits annexed to the application according to section 2, paragraph 1.

(3) The name and place of abode of the proprietor of the mark and of his representative, if any, as well as changes in the person, name, or place of abode of the proprietor or of the representative. (4) The exact time of a renewal of the application. (5) The exact time of the cancellation of the mark.

The inspection of the register of trade-marks is to be free to everybody. Every registration and every cancellation of a mark is to be officially published. The Patent Office is to publish at regular intervals summaries of the marks registered and canceled in the meantime.

SEC. 4. Registration in the register is to be refused in the case of marks common to the trade, as well as in the case of trade-marks—

(1) Which exclusively consist in figures, letters, or in such words as contain information with regard to kind, time and place of manufacture, with regard to the quality, with regard to destination, with regard to price, quantity, or weight of the goods;

(2) Which contain home or foreign State coat of arms, or arms of a town of this country (Germany), or a parish or some community of this country (Germany);

(3) Which contain representations exciting annoyance or such information as evidently does not correspond with the actual facts and causes the danger of deception.

Marks which have become void may not be registered anew for the goods for which they were registered, or for similar goods, on behalf of some one other than the last proprietor, until after the expiration of two years from the date of cancellation.

SEC. 5. If the Patent Office is of the opinion that a trade-mark, the subject of an application corresponds to another mark, for the

same or for similar goods, previously applied for under the law relating to the protection of marks of November 30, 1874 (Reichsgesetzblatt, p. 143), or under the present law, the Patent Office is to communicate this information to the proprietor of this mark. If the same does not lodge an objection, within one month after the notice, against the registration of the newly applied for mark, the mark is to be registered. In the other case, the patent office is to come to a decision as to whether the marks are similar.

If this communication, provided for in the above paragraph, is not made, there is no ground for a claim.

SEC. 6. If the similarity of the marks is negatived by the decision (sec. 5, par. 1), the newly applied for mark is to be registered. If the similarity of the marks is established by the decision, the registration is to be refused. If the applicant wishes to plead that he has a claim to the registration in spite of the similarity established by the decision of the patent office, he must cause this claim to be recognized by means of an action against the opponent. The registration in virtue of a decision, issued in his favor, is to be effected at the exact time of the original application.

SEC. 7. The right based upon the application or registration of a trade-mark passes over to the heirs and may be transmitted to another by a contract or by testament. The right can, however, pass over to another only with the good will of the business to which the trade-mark belongs. The transmission is on the request of the legal successor to be recorded in the register of trade-marks, if the consent of the authorized person is to be produced with clear proof. If the authorized person is dead, the proof of the legal succession is to be produced. As long as the transmission is not recorded in the register of trade-marks, the legal successor can not make good his right from the registration of the trade-mark. Resolutions and decisions of the patent office, which require to be forwarded in official form to the proprietor of the mark, are always to be addressed to the registered proprietor. If it happens that the same is dead, the Patent Office may in their opinion, consider the notification as effected, or, to fulfill the object of the notification, bring it before the heirs.

SEC. 8. On the request of the proprietor, the mark is, at any time, to be cancelled in the register. The cancellation is to take place officially:

(1) If, since the application of the mark, or since its renewal, 10 years have expired.

(2) If the registration of the mark should have been refused.

If cancellation, without the request of the proprietor, is to take place, the patent office is previously to advise the proprietor. If he does not oppose this decision within one month after the notice, the cancellation is to take place. If he opposes, the Patent Office is

to form a decision. If the cancellation is to result in consequence of the expiration of the term of ten years, this is to be disregarded, if the proprietor of the mark, before the expiration of one month after the notice, by the payment of a fee of 10 marks, in addition to the renewal fee, regains the renewal of the application. The renewal then holds good as if made on the day of the expiration of the former

term.

SEC. 9. A third party may propose the cancellation of a trademark

(1) If the mark is registered for him, by reason of an earlier application, for the same, or for similar goods, in the register of trade-marks, or in the registers for marks kept according to the law of 30th November, 1874, relating to the protection of marks.

(2) If the business, to which the trade-mark belongs, is no longer continued by the registered proprietor.

(3) If circumstances exist, from which it becomes evident, that the contents of the mark do not correspond with the actual facts, and give ground for danger of deception.

If a trade-mark excluded from registration by the law relating to the protection of marks of 30th November, 1874, has, before the enactment of the present law, a value within interested commercial circles, as a distinguishing mark of the goods of a particular business, the proprietor of the latter, in case the mark is registered according to the present law on behalf of another in the register of trade-marks, may, up to 1 October, 1895, demand the cancellation of the mark. If the demand is granted, the mark may, before the expiration of the term determined in section 4, paragraph 2, be registered in the register of trade-marks, on behalf of the person making the demand.

The demand for cancellation is to be made good by means of an action, and is to be directed against the registered proprietor, or, if the latter is dead, against his heirs.

If, before or after the institution of the action, a transmission of the trade-mark to another has taken place, the decision with regard to the matter is also operative and executory against the legal successor. With regard to the rights of the legal successor to enter into the action, the provisions of sections 63 to 66 and 73 of the regulations in civil suits are to find corresponding application.

In cases of paragraph 1, No. 2, the demand for cancellation may be lodged first of all at the Patent Office. The Patent Office is to give, to the person registered as proprietor of the trade-mark, notice of the same. If the same does not oppose within one month of the notification, the cancellation is to take place. If he opposes, it is to be left to the person making the demand, to prosecute the demand for cancellation by means of an action.