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UNITED STATES COMPILED STATUTES

ANNOTATED

1916

VOLUME 9

9 U.S.COMP.'16

(10643)*

Sec.
9427
9485
9517

Sec.
9497. Duration of certificate of regis-

tration, and renewal thereof.
9498. Cancellation of registration; pro-

ceedings therefor.
9499. Fees.
9500. Application of R. S. 88 4935,

4936, to trade-mark fees.
9501. Registration prima facie evidence

of ownership; infringement,
and recovery of damages there-

for ; treble damages.
9502. Jurisdiction of suits respecting

trade-marks.
9503. Certiorari for review by Supreme

Court of cases arising under

act.
9504. Power of courts to grant injunc-

tions; recovery of damages in
addition to profits to be ac-
counted for; treble damages;
assessment of profits and dam-

ages.
9505. Order for destruction of infring-

ing labels, etc.; service of in-
junction, and proceedings for

enforcement thereof.
9506. Restrictions on actions for in-

fringement.
9507. Suits involving interfering regis-

tered trade-marks.
9508. Existing rights and remedies for

wrongful use of trade-mark pre-

served.
9509. Pending applications for registra-

tion; amendment and prosecu-

tion thereof.
9510. Damages from registration pro-

cured by false or fraudulent dec-

laration or means; recovery.
9511. Regulations for proceedings for

registration.
9512. Classes of erchandise for pur-

pose of trade-mark registration.
9513. Articles imported, copying,

Title LX

PATENTS, TRADE-MARKS, AND COPYRIGHTS

(CONTINUED)

Chap.
1. Patents
2. Trade-marks
3. Copyrights

CHAPTER TWO

Trade-Marks

Sec.
9485. Registration of trade-marks au-

thorized; requisites of applica-
tion therefor; fees and other

requirements.
9486. Owners of trade-marks having

manufacturing establishments in
United States entitled to regis-
tration and protection of trade-
marks on products of such es-

tablishments.
9487. Declaration accompanying appli-

cation; verification thereof.
9488. Designation by foreign applicant

of person on whom process or
notice of proceedings may be

served.
9489. Effect to be given to application

where previous application has
been filed in foreign country af-
fording similar privileges to cit-
izens of the United States; lim-
itations, and restrictions on is-

sue of certificates in such cases.
9190. Trade-marks which may be regis-

tered.
9491. Examination of application; pub-

lication of trade-mark; filing
notice of opposition; issue of
certificate of registration where
no notice of opposition; refusal

of application on examination.
9492. Notice to applicant of opposition ;

declaration of interference; ex-
amination of interference or op-
position; grounds for refusal

of registration.
9493. Appeal from decision of examiner

to Commissioner of Patents.
9494. Appeal from decision of Commis-

sioner of Patents to Court of
Appeals of District of Colum-

bia.
9495. Assignments of trade-marks.
9496. Certificates of registration and

record thereof; copies of rec-
ords, books, etc., and of certifi-
cates of registration, as evi-

dence.

simulating, etc., trade-name or
registered trade-mark, pot ad-
mitted to entry.

or

Sec.
9514. Notice of registration to be a fixed

to trade-mark or to package in-
closing -aiticle'; notice of regis-
tration or of infringement req-
uisite, of recovery of damages.

Sec.
9515. Construction of act; definitions.
9516. Time of taking effect of act; re-

peal; exception of certificates
of registration issued under pre-
vious acts.

(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

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