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tribes for at least one year provided another person or corporation has not adopted and used previously to its adoption and use by the proposed registrant, and for more than one year such trade-mark or one so similar as to be likely to deceive in such additional class or classes."

(Act of June 10, 1938) AN ACT To authorize the registration of certain collective trade-marks Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Trade-Mark Act of February 20, 1905, as amended, is amended by adding at the end thereof the following new paragraph:

"By similar procedure, any natural or juristic person, including nations, States, municipalities, and the like, which exercise legitimate control over the use of a collective mark, may apply for and obtain registration of such mark.”

SEC. 2. Section 1 (b) of the Trade-Mark Act of March 19, 1920, as amended, is amended to read as follows:

“(b) All other marks not registrable under the Act of February 20, 1905, as amended, except those specified in paragraphs (a) and (b) of section 5 of that Act, including collective marks of natural or juristic persons, and nations, States, municipalities, and the like, exercising legitimate control over the use of the trade-mark sought to be registered even though not possessing an industrial or commercial establishment, which have been in bona fide use for not less than one year in interstate or foreign commerce, or commerce with the Indian tribes by the proprietor thereof, upon or in connection with any goods of such proprietor upon which a fee of $15 has been paid to the Commissioner of Patents and such formalities as required by the said Commissioner have been complied with: Provided, That trade-marks which are identical with a known trade-mark owned and used in interstate and foreign commerce, or commerce with the Indian tribes, by another and appropriated to merchandise of the same descriptive properties or which so nearly resemble a known trade-mark owned and used in interstate and foreign commerce, or commerce with the Indian tribes by another and appropriated to merchandise of the same descriptive properties as to be likely to cause confusion or mistake in the mind of the public or to deceive purchasers, shall not be placed on this register.”

Sec. 3. Section 4 of the Trade-Mark Act of February 20, 1905, as amended, is further amended by deleting therefrom the following: "Provided further, That subject to the provisions of section 5 of said Trade-Mark Act (U. S. C., title 15, sec. 85) registration of a collective mark may be issued to an association to which it belongs, which association is located in any such foreign country and whose existence is not contrary to the law of such country, even if it does not possess an industrial or commercial establishment:'.

Sec. 4. Registrations heretofore granted under that portion of section 4 of the Trade-Mark Act of February 20, 1905, as amended, repealed by section 3 of this Act, shall hereafter have the same force and effect as if granted under section 1 of this Act, and applications pending under such portion of such section 4 shall be considered in accordance with the provisions of section 1 of this Act.

Sec. 5. Section 29 of the Trade-Mark Act of February 20, 1905, is amended to read as follows:

“Sec. 29. In construing this Act the following rules must be observed, except where the contrary intent is plainly apparent from the context thereof: The United States includes and embraces all territory which is under the jurisdiction and control of the United States. The word 'States' includes and embraces the District of Columbia, the Territories of the United States, and such other territory as shall be under the jurisdiction and control of the United States. The terms 'person' and 'owner', and any other word or term used to designate the applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this Act, include a firm, corporation, or association as well as a natural person. The term “juristic person' includes a firm, corporation, association or similar organization capable of suing and being sued in a court of law. The terms 'applicant' and 'registrant' embrace the successors and assigns of such applicant or registrant. The term 'trade-mark’includes any mark which is entitled to registration under the terms of this Act, and whether registered or not, and a trade-mark shall be deemed to be 'affixed to an article when it is placed in any manner in or upon either the article itself or the receptacle or package or upon the envelope or other thing in, by, or with which the goods are packed or enclosed or otherwise prepared for sale or distribution.”.

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VOLUNTARY RETIREMENT OF PANAMA CANAL

EMPLOYEES

FEBRUARY 26, 1945.-Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. BONNER, from the Committee on the Merchant Marine and Fish

eries, submitted the following

REPORT

[To accompany H. R. 2125]

The Committee on the Merchant Marine and Fisheries, to whom was referred the bill (H. R. 2125) to amend the Canal Zone Code, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Page 2, line 3, strike out the comma and the following language: the present worth of said deferred annuity to be determined on the basis of the American Experience Table of Mortality and an interest rate of 4 per centum, compounded annually".

PURPOSE OF THE AMENDMENT

The elimination of this provision will permit the Civil Service Commission to use the table of factors prescribed by the Board of Actuaries for all other similar computations under the three retirement acts administered by it. This clause contains the only provision in any of the three retirement acts requiring the use of any particular mortality table. Even under the Canal Zone retirement law, other computations requiring the determination of present worth of an annuity are not made under the American Experience Table of Mortality.

While the American Experience Table of Mortality results in a slight disadvantage to employees retiring under this optional provision, the amendment is desired by the Civil Service Commission particularly for administrative reasons. It will provide uniformity in computations and will permit the use of tables which are based on actual experience covering the lives of Canal Zone employees and annuitants.

The proposed legislation is identical with H. R. 4307, Seventyeighth Congress, as reported by your committee on April 20, 1944. The legislation passed the House, but remained in the Interoceanic Canals Committee of the Senate until the close of the Seventy-eighth Congress.

PURPOSE OF THE BILL

The purpose of the bill is to bring the Canal Zone retirement provisions in line with the civil-service retirement provisions.

Section 1 (d) of the Civil Service Retirement Act provides for voluntary retirement upon attaining the age of 55 years with 30 years of service, on an annuity having a value equal to the present worth of a deferred annuity at the age of 60 years. The present bill adds a provision to the Canal Zone Retirement Act to permit voluntary retirement on an immediate annuity having a value equal to the present worth of a deferred annuity beginning at the age of 60 years, providing the employee retiring has attained the age of 55 years and has at least 30 years of service, 15 years of which shall have been spent on the Isthmus of Panama.

Under the existing provisions of paragraph (a), section 93 of title 2 of the Canal Zone Code, an employee serving thereunder who shall have attained the age of 55 and rendered at least 25 years of service, of which not less than 15 years shall have been rendered on the Isthmus of Panama, may voluntarily retire on an immediate annuity having a value equal to the present worth of a deferred annuity beginning at the age of 62. The proposed legislation would amend this provision by stipulating that the annuity of an employee retiring thereunder with at least 30 years of service shall have a value equal to the present worth of a deferred annuity beginning at the age of 60 years.

Under the existing laws administered by the Civil Service Commission, the present worth of a particular annuity is based upon the age at which the employee could retire on full annuity. In other words, an employee eligible for retirement on full annuity at age of 60 after 30 years service will, if retiring earlier with this service period, receive the present worth of a 60-age annuity. The Civil Service Commission advises that since optional retirement on full annuity is authorized by the Canal Zone Code in the case of employees who attain age 60 and serve 30 years or more, it would be only equitable that earlier immediate annuities in 30-year cases be computed by using age 60 as a basis.

As has been stated, the pending bill merely brings the Canal Zone Code voluntary retirement privileges in line with the existing provisions under the civil-service retirement law.

Your committee heard the testimony of Mr. Bernard F. Burdick, Chief of Office of the Panama Canal and Mr. J. G. Crunkilton, of the retirement division of the Civil Service Commission, as well as that of Mr. Charles F. Wahl, representing the Panama Canal Central Labor Union.

The legislation in the Seventy-eighth Congress was referred to the Secretary of War and the Civil Service Commission for their views, and as will be seen from letter dated April 13, 1944, from the Secretary of War and letter dated March 28, 1944, from the President of the Civil Service Commission, these two interested agencies are favorable

to it. It will be noted the Bureau of the Budget interposes no objection to the legislation. The letters referred to follow.

WAR DEPARTMENT,

Washington, D. C., April 13, 1944. The Hoñorable S. O. BLAND, Chairman, Committee on the Merchant Marine and Fisheries,

House of Representatives, Washington, D. C. DEAR MR. BLAND: Reference is made to your letter of March 3, 1944, requesting a report on bill H. R. 4307, to amend the Canal Zone Code.

The following is quoted from a statement of the Governor of the Panama Canal, to whom the bill was referred for an expression of his views and comments:

“Paragraph (a) of section 93 of title 2 of the Canal Zone Code now provides for. voluntary retirement upon attainment of age 55 years with 25 years of service, of which not less than 15 years shall have been rendered on the Isthmus, on an annuity equivalent in value to the present worth of a deferred annuity' beginning at the age at which the employee would otherwise have become eligible for retirement.'

“The corresponding paragraph of the Civil ervice Retirement Act, section 1 (d), provides for voluntary retirement upon attainment of age 55 years with 30 years of service, on an annuity having a value equal to the present worth of a deferred annuity at the age of 60 years.

"In the present paragraph (a) of section 93 the ‘age at which the employee would otherwise have become eligible for retirement' is understood to be construed in all cases to be 62 years, notwithstanding the provision in the third paragraph of section 92 for optional retirement at age 60 years. The bill H. R. 4307 would add to the paragraph an additional provision which would permit voluntary retirement under the paragraph on an immediate annuity having a value equal to the present worth of a deferred annuity beginning at the age of 60 years, provided the employee retiring under the paragraph has at least 30 years' service. This corresponds exactly to the voluntary retirement provided by section 1 (d) of the Civil Service Retirement Act. The practical result would be to increase the immediate annuity under the paragraph in the case of those retiring thereunder with at least 30 years' service; however, the precise amount of increase involved factors not immediately available to this office and which are properly obtainable from the Civil Service Commission, which administers both retirement acts.

“The proposed new proviso refers to 'any employee retiring prior to attaining age 60 under the provisions of this paragraph with at least 30 years of service." The words 'prior to attaining age 60' appear to be unnecessary since an employee who has attained age 60 and has 30 years' service would retire under the third . paragraph of section 92 providing for optional retirement on a full annuity at age 60 with 30 years' service. It is therefore felt that the words 'prior to attaining age 60' might well be stricken from the proposed amendment.

"Inasmuch as the amendment proposed by H. R. 4307 would merely conform the paragraph to the corresponding paragraph in the Civil Service Retirement Act in the respects discussed above, this office favors the enactment of this bill.”

I concur in the views expressed by the Governor of the Panama Canal.

I am advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours,

HENRY L. Stimson, Secretary of War.

UNITED STATES CIVIL SERVICE COMMISSION,

Washington, D. C., March 28, 1944. Hon. S. O. BLAND, Chairman, Committee on the Merchant Marine and Fisheries,

House of Representatives DEAR MR. BLAND: Further reference is made to your communication of March 3, 1944, transmitting copy of H. R. 4307, a bill to amend the Canal Zone Code, and requesting the Commission's comments thereon.

Paragraph (a), section 93, title 2 of the Canal Zone Code provides that an employee serving thereunder who shall have attained the age of 55 and rendered at least 25 years of service, of which not less than 15 years shall been have rendered

on the Isthmus of Panama, may voluntarily retire on an immediate annuity having a value equal to the present worth of a deferred annuity beginning at the age (62) at which the employee would otherwise have become eligible for retire ment. The bill, H. R. 4307, would amend this provision by stipulating that the annuity of an employee retiring thereunder with at least 30 years of service shall have a value equal to the present worth of a deferred annuity beginning at the age of 60 years.

As the Commission pointed out in its report of February 4, 1944, on H. R. 3937, under existing laws administered by it, the present worth of a particular annuity is based upon the age at which the employee could retire on full annuity. In other words, an employee eligible for retirement on full annuity at age 60 after 30 years' service will, if retiring earlier with this service period, receive the present worth of an age 60 annuity. Since optional retirement on full annuity is authorized by the Canal Zone Code in the case of employees who attain age 60 and serve 30 years or more, it would be only equitable that earlier immediate 'annuities in 30-year cases be computed by using age 60 as a basis.

The Commission, therefore, recommends that this bill be enacted into law.

The Bureau of the Budget advises that there would be no objection to the submission of this report to your committee. Very sincerely yours,

HARRY B. MITCHELL, President.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law proposed to be omitted is enclosed in black brackets, existing law in which no change is made is in roman, and new language is in italic):

93. VOLUNTARY RETIREMENT. (a) Any employee to whom this article applies who shall have attained the age of fifty-five and rendered at least twenty-five years of service, of which not less than fifteen years shall have been rendered on the Isthmus of Panama, may voluntarily retire on an annuity equivalent in value to the present worth of a deferred annuity beginning at the age at which the employee would otherwise have become eligible for retirement, computed as provided in section 96 of this title [, the present worth of said deferred annuity to be determined on the basis of the American Experience Table of Mortality and an interest rate of 4 per centum, compounded annually.]: Provided, That any employee retiring prior to attaining the age of sixty under the provisions of this paragraph with at least thirty years of service shall receive an immediate annuity having a value equal to the present worth of a deferred annuity beginning at the age of sixty years, computed as provided in section 98 of this title.

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