A marginal line should be drawn around this page, one inch from the edge, leaving an enclosure 8 by 13 inches in which all the drawing and writing must be made. The name of the owner or attorney must be placed on the lower right-hand corner inside. the margin. Drawings must be sent flat. The Patent Office, at the request of applicants, will furnish drawings at cost.

The statements in the application may be amended to correct informalities or to avoid objections made by the Office, but all such amendments must be made on sheets of paper separate from the papers previously filed, and specifying exactly the amendments to be made.

When application is made for the registration of a trade-mark, the Commissioner causes an examination to be made, and if the examiner finds the applicant entitled to his trade-mark, the Commissioner has it published at least once in the official Gazette of the Patent Office. Any opposition to the trade-mark should be made within thirty days from this publication. If no opposition is made, the Commissioner will issue a certificate of registration. Should the Commissioner decide not to register the proposed trade-mark, or should there be opposition to its registration, he will immediately notify the applicant that registration has been refused and give the reasons for doing so.

An appeal may be taken from the decision of the examiner denying the registration of a trade-mark to the Commissioner, and from the Commissioner to the Court of Appeals for the District of Columbia.

In case of conflicting applications for registration of a trademark, or in any dispute as to the right to use the same, the Office will declare an interference, and the proceedings for interference between applications for patents will be followed as nearly as practicable. Any person who believes he would be damaged by the registration of a trade-mark can oppose the same, by filing in duplicate a written notice of opposition verified by the person under oath. Any person believing himself injured by the registration of a trade-mark can apply to have such trade-mark canceled, such application to be in duplicate under oath.

The term of a trade-mark is twenty years, with privilege of renewal for the same term on an application made not more than six months before its expiration. Those trade-marks granted before April 1, 1905, remain in force for the original term granted, and then may be renewed for 20-year terms as with original applications.

Trade-marks may be sold and assigned with the good-will of a business, but the sale or assignment must be made by instrument in writing duly acknowledged according to the laws of the country or State in which the same is executed. The assignment must be recorded within three months from the date.

A register of a trade-mark must give notice to the public that a trade-mark is registered, either by affixing thereon the words

"Registered in U. S. Patent Office," or " Reg. U. S. Pat. Off.," or, when that cannot be done; by putting same words on a label placed on the packages or receptacles. No suit can be brought for infringement of a trade-mark unless this public notice is given, or unless proof is offered that the defendant was duly notified of infringement and continued to use the same after such notice.

The Circuit and Territorial Courts of the United States and the Supreme Court of the District of Columbia have original jurisdiction, and the Circuit Courts of Appeal of the United States and the Court of Appeals of the District of Columbia have appellate jurisdiction, of all suits at law or in equity representing trade-marks registered under this act, without regard to the amount in controversy. Writs of certiorari follow the rules provided for patent cases. Recovery on a judgment shall include profit accruing to defendant and damages sustained by complainant. The several courts may grant injunctions pending suits, and may increase said judgment not exceeding three times the amount of the verdict, and may order copies and representations of infringing trade-marks destroyed.

In assessing profits, the plaintiff is required to prove the defendant's sales only. The defendant, on the other hand, must prove all elements of cost which are claimed.

Imported goods bearing foreign trade-marks injuriously imitating United States trade-marks shall be refused entry at all United States custom-houses; and to prevent their entry, each owner of a trade-mark should lodge with the Commissioner of Patents a copy and description of it, copies of which will be forwarded to each collector or other proper officer of customs.

The principal fees connected with such registration are as follows:
On filing each original application for registration,

On filing each application for renewal of registration,
On filing notice of opposition to registration,

$10.00

10.00

10.00

On appeal from the examiner in charge to the Commissioner of Patents,

15.00

For recording every assignment, agreement, power of attorney, or other paper, of 300 words or less,

1.00

2.00

Do., of more than 300 words and less than 1,000 words,

Petition.

TO THE COMMISSIONER OF PATENTS:

The undersigned presents herewith a drawing and five specimens (or facsimiles) of his trade-mark, and requests that the same, together with the accompanying statement and declaration, may be registered in the United States Patent Office in accordance with the law in such cases made and provided.

Dated:

. 19.

(Signature)....

in said city, have adopted and used the trade-mark shown in the accompanying drawing for (description of goods) in class No. (number and title of class).

The trade-mark has been continuously used in my business (and in the business of my predecessor A. B.) since

The trade-mark is applied or affixed to the goods or to the package containing the same by placing thereon a printed label on which the same is shown (or state other modes of application to the goods).

STATE OF
COUNTY OF

(Signature)..

Declaration for an Individual.

SS:

being duly sworn, deposes and says that he is the applicant named in the foregoing statement; that he believes the foregoing statement is true; that he believes himself to be the owner of the trade-mark sought to be registered; that no other person, firm, corporation, or association, to the best of his knowledge and belief, has the right to use said trade-mark in the United States, either in the identical form or in any such near resemblance thereto as might be calculated to deceive; that said trade-mark is used by him in commerce among the several States of the United States and (or) between the United States and foreign nations or Indian tribes and particularly with and that the description and

drawing presented truly represent the trade-mark sought to be registered and that the specimens (or facsimiles) show the trade-mark as actually used upon the goods.

Be it known that we, county of

a firm domiciled in

State of

and doing business

at No. and composed of the following members citizens (or subjects, as the case may be) of used the trade-mark, shown in the accompanying drawing for (description of goods) in Class No. (number and title of class).

The trade-mark has been continuously used in our business (and in the business of our predecessors, A. B. & Co.) since

have adopted and

The trade-mark is applied or affixed to the goods or to the packages containing the same, by placing thereon a printed label on which the same is shown (or state other modes of application to the goods).

The Act of Congress of June 18, 1874 (18 Statutes at Large, p. 78), provides for the registry of prints and labels in the Patent Office. Under the rules of the office the distinction between the two is that a label is intended to be impressed upon or affixed to an article or to the receptacle containing it, while a print is not. Only such prints or labels as properly belong to an article of manufacture and are descriptive thereof can be registered. A print or label may be registered by the proprietor who is a citizen of the United States, by an alien domiciled in the United States, by the citizen of a country granting similar rights to citizens of the United States, by the proprietor by assignment from some other person entitled to register.

The application must be accompanied by ten copies of the print or label, and a registry fee of six dollars.

Form of Application for Registration of Prints and Labels.

TO THE COMMISSIONER OF PATENTS:

The undersigned

a citizen of the United States (or subject etc.), residing at and doing business at hereby applies as author (or proprietor, and if the latter give name and citizenship of author) for registration of the print (or label) shown in the accompanying copies, 10 of which are furnished. The print (or label) was first published with Notice of Copyright thereon on ; its title is and it is used for advertising purposes for (or if a label, used on) (kind of goods).

Author or Proprietor.

Before filing the application the print or label must be published, which in this connection means, publicly used or sold with a notice of copyright thereon, consisting of the word “Copyright," or "Cop'r," the name of the proprietor and the year of publication. This notice of copyright must also appear on every copy of the registered print or label subsequently. used or sold. The certificate of registration will continue in force twentyeight years, but may be renewed.

Prints and labels are assignable by written instrument signed by the proprietor.

CHAPTER XXXIV

THE LAW OF COPYRIGHT.

SECTION 1. That any person entitled thereto, upon complying with the provisions of this Act, shall have the exclusive right:

(a) To print, reprint, publish, copy, and vend the copyrighted work;

(b) To translate the copyrighted work into other languages or dialects, or make any other version thereof, if it be a literary work; to dramatize it if it be a nondramatic work; to convert it into a novel or other nondramatic work if it be a drama; to arrange or adapt it if it be a musical work; to complete, execute, and finish it if it be a model or design for a work of art;

(c) To deliver or authorize the delivery of the copyrighted work in public for profit if it be a lecture, sermon, address, or similar production;

(d) To perform or represent the copyrighted work publicly if it be a drama or, if it be a dramatic work and not reproduced in copies for sale, to vend any manuscript or any record whatsoever thereof; to make or to procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, performed, represented, produced, or reproduced; and to exhibit, perform, represent, produce, or reproduce it in any manner or by any method whatsoever;

(e) To perform the copyrighted work publicly for profit if it be a muscal composition and for the purpose of public performance for profit; and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Provided, That the provisions of this Act, so far as they secure copyright controlling the parts of instruments serving to reproduce mechanically the musical work, shall include only compositions published and copyrighted after this Act goes into effect, and shall not include the works of a foreign author or composer unless the foreign state or nation of which such author or composer is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States similar rights: And provided further, and as a condition of extending the copyright control to such mechanical reproductions, That whenever the owner of a musical copyright has used or permitted or knowingly acquiesced in the use of the copyrighted work upon the parts of instruments serving to reproduce mechanically the musical work, any other person may make similar use of the copyrighted work upon the payment to the copyright proprietor of a royalty of two cents on each such part manufactured, to be paid by the manufacturer thereof; and the copyright proprietor may require, and if so the manufacturer shall furnish, a report under oath on the twentieth day of each month on the number of parts of instruments manufactured during the previous month serving to reproduce mechanically said musical work, and royalties shall be due on the parts manufactured during any month upon the twentieth of the next succeeding month. The payment of the royalty provided for by this section shall free the articles or devices for which such royalty has been paid from further contribution to the copyright except in case of public performance for profit: And provided further, That it shall be the duty of the copyright owner, if he uses the musical composition himself for the manufacture of parts of instruments serving to reproduce mechanically the musical work, or licenses others to do so, to file notice thereof, accompanied by a recording fee, in the copyright office, and any failure to file such notice shall be a complete defense to any suit, action, or proceeding for any infringement of such copyright.

In case of the failure of such manufacturer to pay to the copyright proprietor within thirty days after demand in writing the full sum of royalties due at said rate at the date of such demand the court may award taxable costs to the plaintiff and a reasonable counsel fee, and the court may, in its discretion, enter judgment therein for any sum in addition over the amount found to be due as royalty in accordance with the terms of this Act, not exceeding three times such amount.

The reproduction or rendition of a musical composition by or upon coin-operated machines shall not be deemed a public performance for profit unless a fee is charged for admission to the place where such reproduction or rendition occurs.

SEC. 2. That nothing in this Act shall be construed to annul or limit the right of the author or proprietor of an unpublished work, at common law or in equity, to prevent the conving, publication, or use of such unpublished work without his consent, and to obtain damages therefor.

SEC. 3.

That the copyright provided by this Act shall protect all the copyrightable component parts of the work copyrighted, and all matter therein in which copyright is already subsisting, but without extending the duration or scope of such copyright. The copyright upon composite works or periodicals shall give to the proprietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this Act.

SEC. 4.

That the works for which copyright may be secured under this Act shall include all the writings of an author.

SEC. 5.

That the application for registration shall specify to which the follow

ing classes the work in which copyright is claimed belongs: