SEC. 10. Applications of trade-marks, applications for transmissions and oppositions against the cancellation of the same, are to be settled in the procedure usual for patent matters, by preliminary notice in official form and decision. In cases of section 5, paragraph 1, a preliminary notice in official form will not be forwarded.

A person making an application, may, against a decision by which his application is rejected, and the proprietor of a trade-mark may, against a decision by which in spite of opposition the cancellation is ordered, within one month after the notification lodge an appeal at the patent office.

Notifications in official form which relate to the registration, transmission, or cancellation of a trade-mark are to take place by means of registered letter. If a notification can not take place in this country (Germany) it is to be effected by posting according to sections 161, 175 of the regulations in civil suits.1

SEC. 11. The Patent Office, on the request of the courts, is obliged to give opinions with regard to questions which relate to trademarks, if, in the judicial procedure, there are submitted by several experts, opinions varying one from another.

SEC. 12. The registration of trade-mark has the effect, that to the registered party exclusively belongs the right to provide the goods of the kind notified, or their packing-cases, or covers, with the trademark, to place the goods so marked on the market, as well as to apply the mark on announcements, price lists, business letters, notices, bills, or the like.

In the case of cancellation, rights on account of registration can no longer be made good for the time in which there formerly already existed a legal ground for the cancellation.

SEC. 13. By the registration of a trade-mark, no one is to be prevented from applying his name, his signature, his address, as well as information about kind, time, and place of manufacture, about the quality, about the destination, about the price, quantity, or weight of goods, whether it be in abbreviated form, on goods, on their packing cases, or covers, and from employing the like information in

commercial intercourse.

SEC. 14. Whoever wittingly or through culpable negligence provides goods, or their packing cases, or covers, or announcements, price lists, business letters, notices, bills, or the like, with the name or the signature of another, or with a trade-mark protected according to the tenor of this law, or brings into commerce, or holds for sale, such illegally marked goods, is liable for damages to the injured party.

1 Now civil law in the setting of the notification of May 20, 1898 (Reichsgesetzblatt, p. 410), sections 66 to 69 and 73.

If he committed the act wittingly, he is besides to be fined with a fine of from 150 to 5,000 marks, or to be imprisoned for a period not exceeding six months. The prosecution is to be initiated only on petition. The withdrawal of the petition is admissible.

SEC. 15. Whoever, for the purpose of deception in trade or commerce, supplies goods or their packing cases, or covers, or announcements, price lists, business letters, notices, bills, or the like, with a get-up which, within interested commercial circles, passes for distinguishing marks of similar goods of another, without his consent, or whoever for the same purpose brings into commerce, or holds such goods for sale, is liable for damages to the injured party and is to be fined with a fine of from 100 to 3,000 marks, or to be imprisoned for a period not exceeding three months. The prosecution is to be initiated only on petition. The withdrawal of the petition is admissible.

SEC. 16. Whoever deceitfully provides goods, or their packing case, or cover, or announcements, price lists, business letters, notices, bills, or the like, with a State coat of arms, or with the name or arms of a place, of a parish, or some community, for the purpose of causing an erroneous idea as to the quality and value of the goods, or who for the same purpose brings such marked goods into commerce or holds such for sale is to be punished by a fine of from 150 to 5,000 marks, or by imprisonment not exceeding six months.

The use of names, which according to trade custom, serves for the designation of certain goods, without being intended to define their origin, does not fall under this provision.

SEC. 17. Foreign goods, which are illegally provided with a German signature and designation as to place, or with a trade-mark registered in the register of trade-marks, are liable on their entry into Germany, for importation or transit, on the petition of the injured party on security to seizure and confiscation. The seizure is to take place by the customs and revenue authorities, the appointment of the confiscation by the sentence of the board of management (sec. 459 of the regulations in penal suits).

SEC. 18. Besides the punishment a penalty not exceeding 10,00 marks (£500), and payable to the injured party, may, on the latter's application, be fixed, 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. 19. If a sentence by reason of sections 14 to 16 and 18, takes place, then, referring to the objects in possession of the sentenced party, the removal of the illegal marks or other characteristic features is to be pronounced by the judge, or if the removal is not possible in any other manner, the destruction of the objects provided with them is to be pronounced by the judge.

If the sentence takes place in the criminal procedure, authority is in the cases of sections 14 and 15 to be awarded to the injured party, to publish the sentence at the expense of the condemned party. The mode of publication as well as the term of the same, is to be stated in the judgment.

SEC. 20. The application of the provisions of this law, is not excluded by variations with which foreign names, signatures, marks, coats of arms, and other distinguishing marks of goods are reproduced, if in spite of these variations, there is a danger of confusion in trade.

SEC. 21. 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. 22. If German goods abroad, on their importation or transit, are subject to bearing a mark which shows their German origin, or if, in the customs, the same, with reference to the trade marking of the goods, are treated less favorably than the goods of other countries, the Bundesrat is empowered to raise a corresponding tax on the foreign goods on their entry into Germany on importation or transit, and to arrange that in the case of contravention the seizure and confiscation of the goods is to follow. The seizure is to take place by the customs and revenue authorities, the appointment of the confiscation by the sentence of the board of management (sec. 459 of the regulations in penal suits).

SEC. 23. Whoever has no residence or establishment in this country (Germany) has a claim to the protection of this law, only when in the State in which he has his residence or establishment, according to a publication contained in the Imperial Law Gazette. German trade markings are admitted to legal protection to the same extent as home trade markings.

The claim on the protection of a trade-mark, and the rights founded upon the registration, can only be put forward through an appointed representative dwelling in this country. The latter is authorized to act as the representative in the procedure taking place in the patent office according to this law, as well as in the civil actions relating to the mark, and is authorized to prosecute. In the case of actions against the registered proprietor of the trade-mark, only that court is competent, in whose district the representative has his residence, otherwise, that court in whose district the patent office is situated.

Whoever brings a foreign trade-mark for application, must provide with it the proof that in the country in which he has his residence, he has applied for and obtained the protection of this mark. 93169-19-13

The registration, if State treaties do not determine otherwise, is only admissible, if the mark corresponds to the demands of this law.

SEC. 24. With regard to the trade-marks registered in the register of trade-marks, in conformity with the law relating to the protection of marks of 30 November, 1874, the statements of that law are to find still further application until 1 October, 1898. Marks can at any time before 1 October, 1898, form the subject of registration applications and then come under its provisions. Registration may not be refused with regard to those marks, which have been registered in the registers of marks under an older protection afforded by the law of the land. Registration takes place gratuitously and under the exact time of the first application. With regard to the contents of the first registration, a certificate of the hitherto existing board of registers is to be produced.

On the registration in the register of trade-marks, or if such a registration has not taken place, on the 1 October, 1898, the protection granted to the trade-marks up to that time expires.

SEC. 25. The necessary provisions with regard to forms of procedure and the routine of business of the patent office, for the carrying out of this law, as well as with regard to the procedure before the same are to be made by imperial statute with the consent of Federal council.

SEC. 26. This law is to come into force on the 1 October, 1894. From the same time onward, applications of trade-marks are no longer to be received under the law relating to the protection of marks of 30 November, 1874.

Given under our imperial hand, signature, and seal, at Neues Palais, 12 May, 1894.

[L. S.]

WILHELM.
VON BOETTICHER.

GERMANY-WAR LEGISLATION.

GERMANY.

PATENTS-APPLICATIONS-TAXES-WORKING-DECREE EFFECTIVE

AUGUST 1, 1914.

[Translation.]

Provisions for the prevention of subjecting applicants for and owners of protection rights to hardship during the time of state of

war.

:

(a) Notification:

The terms stipulated on the part of the Imperial Patent Office having reference to patent, Gebrauchsmuster and trade-mark matters are extended for the period of three months.

Berlin, Aug. 4, 1914, Imperial Patent Office.

(b) Notification:

(Signed)

ROBOLSKI.

The terms decreed by the Patent Office having reference to patent, Gebrauchsmuster and trade-mark matters are extended for three months in accordance with the preceding notification.

The Patent Office expects to prevent by means of this measure that applicants for a right, being unable to respond to an office action within the terms stipulated in consequence of the state of war, suffer any disadvantages caused by a non-responsive action. A possible extension of the term remains under reservation.

However, the terms provided for in the laws (term for appeal, payments, etc.) for the modification of which the Patent Office has no authorization, are not affected by this decree. The Patent Office, in particular, may comply with requests for the extension of the payments of taxes only when the payment of the first and second annual tax is concerned, since the patent law makes provision only for a delay in the payment of these taxes. Consequently, the obligation of observing the legally prescribed term remains in force, i. e., the payment of taxes due. If, however, it be impossible to observe in a particular case the legal terms in view of the state of war, it is intended to counteract, as much as possible, by way of the corresponding application of the provisions of the civil code relating to reinstatement to former status, any damages that may result. It is decreed in section 233ff of the civil code that to parties, having been prevented through natural causes or through other unavoidable occurrences from observing a compulsory term, reinstatement to former status be granted after the removal of the preventative cause and upon motion made.

(From Blatt für Patent-, Muster- und Zeichenwesen, Aug. 26, 1914.)

PATENTS GEBRAUCHSMUSTER-TRADE-MARKS-TEMPORARY RELIEF— DECREE EFFECTIVE SEPTEMBER 10, 1914.

[Translation.]

[Notice regarding the temporary relief provided in matters pertaining to patent, Gebrauchsmuster, and trade-mark rights of September, 1914 (Reichsgesetzblatt, No. 74, 1914).]

On the ground of section 3 of the decree relating to the authorization of the Council of State to take political measures, etc., dated