Trade-marks. Hearing Before a Subcommittee....on H.R. 102, H.R. 5461, and S. 895...Nov. 4, 12, 13, and 14, 1941. (77-1)

Mr. KRAMER. Gentlemen, we have met this morning to begin the hearings on H. R. 102, relating to trade-marks, and there are a number of bills on the subject pending before the House Patents Committee.

As you all perhaps know, I have appointed the Honorable Fritz Lanham as chairman of the subcommittee to hold hearings. Unfortunately, he set the hearing on this bill for this morning and, at the time he did, he was down with a cold but hoped he could be in this morning. In addition to that, elections are being held in many of the States today-in New York, Pennsylvania, and others and some of the subcommittee which I named are not able to be here this morning for that reason.

I talked with Mr. Lanham yesterday and told him I preferred he would continue on with the hearings for the reason he is most familiar with this bill and has lived with the trade-mark matter for so many years; so I would like him to finish it, as I think he could do the best job. Therefore the hearings have been postponed until Wednesday, November 12, at 10 a. m., at which time I am quite sure Mr. Lanham will be able to be here.

However, due to the fact notices have gone out, if there are some witnesses here from out of town who prefer to be heard now, I will let them make their statements; but we must adjourn at least at 12 o'clock. Any other witnesses who can come back or who would prefer to come back on the 12th will have an opportunity to be heard at that time, and the hearings will be continued for whatever time is necessary in order that all parties may be heard.

According to Mr. Lanham's announcement in the Congressional Record of October 21, 1941 (p. 8304), it was his intention to use H. R. 102 as a basis for these hearings, and I will just incorporate that bill in the record; also H. R. 5461, together with the committee print.

By way of information, it might be stated that Senate bill 895, which passed that body on September 17, is identical with H. R. 102. H. R. 1424, now pending before the committee, was introduced by Congressman Paddock, and H. R. 5461 was introduced y Mr. Lanham.

(The bills for insertion in the record are as follows:)

[H. R. 102, 77th Cong., 1st sess.]

A BILL To provide for the registration of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-THE PRINCIPAL REGISTER

SECTION 1. Trade-marks used in commerce may be registered in the following

manner:

(a) By filing in the Patent Office

(1) a written application, verified by the applicant, including a statement to the effect that the applicant believes himself, or the firm, corporation, or association in whose behalf he makes the application, to be the owner of the trade-mark sought to be registered, and that no other person, firm, corporation, or association, to the best of the applicant's knowledge and belief, has the right to use such trade-mark in the United States either in the identical form or in such near resemblance thereto as might be calculated to deceive, and specifying the date of first use of the mark, and the goods or services in connection with which it is used, in such form as may be prescribed by the Commissioner;

(2) a drawing of the mark; and

(3) such number of specimens or facsimiles of the mark as actually used as may be required by the Commissioner.

(b) By paying into the Patent Office the filing fee.

(d) If the applicant is not domiciled in the United States he shall designate by a written document filed in the Patent Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving a copy thereof at the last address so filed. If the person so designated cannot be found at the address given in the designation, such notice or process may be served upon the Commissioner.

MARKS REGISTRABLE ON THE PRINCIPAL REGISTER

SEC. 2. No mark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration as a trade-mark on account of its nature unless it

(a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which tends to disparage persons, living or dead, institutions, beliefs, or national symbols, or to bring them into contempt;

(b) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof;

(d) Consists of or comprises a mark which so resembles a mark previously registered or used by another and not abandoned, as to be likely, when applied to the goods of the applicant, to cause confusion or mistake or to deceive purchasers;

(e) Consists of a mark which, (1) when applied to the goods of the applicant is merely descriptive of them, (2) when applied to the goods of the applicant is primarily geographically descriptive of them, except as indications of regional origin may be registrable under section 4 hereof, (3) is primarily merely a

surname.

(f) Except as expressly excluded in paragraphs (a), (b), (c), and (d) of this section, nothing herein shall prevent the registration of any mark used by the applicant as a trade-mark which has become distinctive of the applicant's goods in commerce. Substantially exclusive use as a mark by applicant, in commerce for two years prior to the application, may be accepted by the Commissioner as prima facie evidence of distinctiveness.

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Trade-marks. Hearing Before a Subcommittee....on H.R. 102, H.R. 5461, and S ...