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tration, and renewal thereof.
4936, to trade-mark fees.
of ownership; infringement,
for ; treble damages.
Court of cases arising under
tions; recovery of damages in
ing labels, etc.; service of in-
wrongful use of trade-mark pre-
tion; amendment and prosecu-
cured by false or fraudulent dec-
laration or means; recovery.
pose of trade-mark registration.
PATENTS, TRADE-MARKS, AND COPYRIGHTS
thorized; requisites of applica-
manufacturing establishments in
cation; verification thereof.
of person on whom process or
where previous application has
sue of certificates in such cases.
lication of trade-mark; filing
of application on examination.
declaration of interference; ex-
to Commissioner of Patents.
sioner of Patents to Court of
record thereof; copies of rec-
simulating, etc., trade-name or
to trade-mark or to package in-
peal; exception of certificates
(R. S. $$ 4937-4947. Superseded.) These sections, constituting chapter 2 of this Title of the Revised Statutes, authorized the registration of trade-marks by persons entitled to the exclusive use of a lawful trade-mark, or who intended to adopt and use any trade-mark for exclusive use within the United States, and provided remedies for infringement of registered trade-marks and for false registration, and authorized regulations for the transfer of rights to trade-marks. Its provisions were held by the Supreme Court to be unconstitutional, on the ground that a trade-mark was not an invention, discovery, or writing, within Const. art. 1, § 8, cl. 8, authorizing Congress to secure "to authors and inventors the exclusive right to their respective writings and discoveries," and that its provisions were not sustainable under Const. art. 1, § 8, cl. 3, giving Congress power "to regulate commerce with foreign nations, and among the several States, and with the Indian tribes," since the act was not thus limited, but was so framed as to apply to all commerce. Trade-Mark Cases, 100 U. S. 82, 25 L. Ed. 550.
Provisions similar to those in the above-mentioned sections, but limited to trade-marks used in commerce with foreign nations or with the Indian tribes, were contained in the Trade-Mark Act of March 3, 1881, c. 138, 21 Stat. 502, This act was evidently intended as a substitute for these sections.
Act Aug. 14, 1876, c. 274, 19 Stat. 141, making punishable certain offenses against the provisions of this chapter of the Revised Statutes, was held to fall with it, and not to become operative under Act March 3, 1881, c. 138, mentioned above. United States v. Koch, 40 Fed. 250. That act is therefore omitted.
The Trade-Mark Act of Feb. 20, 1905, c. 592, post, 88 9485, 9487-9511, 95139516, contained more comprehensive provisions than those of said Act March 3, 1881, c. 138, and may be regarded as superseding said act. See notes to said Act Feb. 20, 1905, c. 592, § 1, post, $ 9485.
§ 9485. (Act Feb. 20, 1905, c. 592, § 1, as amended, Act May 4, 1906,
c. 2081, § 1, and Act Feb. 18, 1909, c. 144.) Registration of trade-marks authorized; requisites of application therefor;
fees and other requirements. 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 trademark 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 statement of the mode in which the same is applied and affixed to goods, and the length of time during which the trade-mark has been used; a description of the trademark itself shall be included, if desired by the applicant or required by the Commissioner, provided such description is of a character to meet the approval of the Commissioner. 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. (33 Stat. 724. 34 Stat. 168. 35 Stat. 628.)
This was the first section of the Trade-Mark Act of 1905, entitled "An act to authorize the registration of trade-marks used in commerce with foreign