MECHANICAL 1,800 MECHANICAL MOVEMENTS for $3.00 TH JUST ISSUED 10th REVISED EDITION OF Mechanical Movements. By GARDNER D. HISCOX, M. E, Author of "Gas, Gasoline and Oil Engines, etc., etc." Contains over 1,800 specially made illustrations, with descriptive text and over 400 pages. HIS BOOK is a Dictionary of Mechanical Movements, Powers, Devices and Appliances, embracing an illustrated description of the greatest variety of Mechanical Movements and Devices in any language, covering nearly the whole range of the practical and inventive field. For the use of Machinists, Mechanics, Inventors, Engineers, Draughtsmen, Students, and all others interested in any way in the devising and operation of mechanical works of any kind. AMONG THE SUBJECTS INCLUDED ARE: Mechanical Powers-Transmission of Power-Measurement of Power-Steam Power, Boilers and Appliances-Steam Appliances-Motive Power, Gas and Gasoline EnginesHydraulic Power and Devices-Air Power Appliances-Electric Power and Construction-Navigation and Roads-Gearing-Motion and Devices Controlling Motion-Horological, Mining, Mill and Factory Appliances-Construction and Devices-Draughting Devices-Miscellaneous Devices. What one of our customers said of this book: "Once owning this book I would not be deprived of it for ten times its cost." Over 400 pages, tenth edition, price, $3.00. ADDRESS RICHARDS & CO., 309 Broadway, New York, V. S. A. SPECIAL CIRCULAR OF THIS BOOK SENT FREE ON REQUEST. RICHARDS & CO., Patent Agents and Solicitors, 305-309 BROADWAY, NEW YORK, N. Y. FIRM ESTABLISHED 1879. PATENTS, TRADE-MARKS, DESIGNS AND We transact business exclusively for Agencies and correspondents in every country in the world granting patent and trade-mark protection. Offices fully equipped to give the highest class of expert work, with prompt and reliable service. PATENT LITIGATION. HOW YOU CAN MAKE YOUR FORTUNE. LEARN SCIENTIFIC BUSINESS LETTER= WRITING. A most important factor of business life taught by the greatest correspondence school in existence. Your instruction will be the practical method by which a concern now doing a business of over a quarter of a million dollars annually was built up in seven years' time from an investment of only $1.70. Every business concern in the world employs the services of one or more correspondents and pays them a salary ranging from $15 to $50 a week. We can thoroughly equip a man or woman to hold such a position because we have a scientific system which has built a business to gigantic proportions, and afforded the man who possessed this knowledge the princely salary of $15,000 a year. We offer you tried, proved, sound, sensible principles underlying scientific letter writing, as employed by men of world-wide reputation for business sagacity. We invite you to write for further particulars of this course of study. Address: PAGE-DAVIS COMPANY. 90 Wabash Avenue, Chicago. Please mention the PATENT AND TRADE MARK REVIEW when writing advertisers. (Q 7657) Patent and Trade Mark Review. Copyright 1904, by RICHARDS & Co. All rights reserved. International Union-Patents and Trade Marks. States of the Union... 1117 66 Copyright. States of the Union.... 1118 Korea-Trade Mark Protection.. 1118 Malta-Patents, Designs, Trade Marks, etc., Ord. 11 of 1899, continued.. 1124 1113 Rhodesia, Southern-Patents. Government Notice No. 236 of 1904, continued II2I 1116 1116 Law approved February 20, 1905. Digest... 1103 66 1105 PUBLISHED BY RICHARDS & CO., THE Patent and Trade Mark Review A monthly journal for the publication of new laws and other related subject-matter. Volume 1, October, 1902, to September, 1903; Vol- ADVERTISING RATES. Personal Advertisements, 2 Cents per word. We do not solicit the advertisements of Patent Agents or Solicitors. WHILE THE UTMOST CARE IS TAKEN TO INSURE ACCURACY IN THE MATTER THAT APPEARS IN THE REVIEW, NO RESPONSIBILITY IS ASSUMED ON ACCOUNT OF ERRORS OR INACCURACIES WHICH MAY OCCUR THEREIN. United States. TRADE MARKS.-New Law, Approved February 20, 1905, För years past, during nearly every session of Congress, the subject of trade mark legislation has been agitated. Most of our readers are doubtless familiar with the facts concerning such agitation. The efforts put forth have at last resulted in an Act which was signed by the President on the 20th inst. This measure was drawn by Mr. Bonynge of Colorado, of the House Committee on Patents, and was known as the "Bonynge" Bill. While it is not, in every respect, all that could be desired, it does go a long step in the right direction, and paves the way for further advance at a future date. The statutes are at last brought into conformity with our treaty obligations. The full text of the Act appears in this number of the REVIEW. The following is a careful digest of the main provisions of the law: IN EFFECT.-The Law will take effect April 1, 1905. INTER-STATE COMMERCE.-Trade marks used in Inter-State commerce are brought within the provisions of the law. act. COMMON LAW RIGHTS.-Existing common law rights are not disturbed by the TERM. The term of protection is twenty years, and registration is renewable every twenty years. But in case of mark previously registered in foreign country protection will not continue after protection ceases in such foreign country. FEE. The fee on filing application for registration is ten dollars. "UNITED STATES."-The United States is declared for the purposes of the Act to include all territory under the jurisdiction and control of the United States. "STATES."-The word "States" includes 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. OPPOSITION.-All marks which, upon examination, appear to be registerable will be published at least once in the Official Gazette and will remain subject to opposition for a period of thirty days. "Any person who believes he would be damaged by the registration of the mark may oppose." Opposition will be dealt with by the Examiner of Interferences, from whose decision appeal lies to the Commissioner, with further appeal to the Court of Appeals of the District of Columbia. Registerable. The scope of the law is very broad.-"No mark by which the goods of the owner of the mark may be distinguished from other goods of the same class shall be refused registration as a trade-mark on account of the nature of such mark" except: Immoral or scandalous matter; Flag, Coat of Arms or Insignia of the United States, or any State, municipality or nation. Trade-marks identical with or nearly resembling a registered or known trademark owned and in use by another on like goods; The name of an individual, firm, corporation or association not represented in a distinctive manner or in association with a portrait of the individual; Mere words or devices descriptive of the goods or their character or quality; A mere geographical name or term; The portrait of a living individual without his written consent. OLD MARKS.-"Nothing herein shall prevent the registration of any mark used by the applicant or his predecessors, or by those from whom title to the mark is derived, in commerce with foreign nations or among the several States, or with Indian tribes, which was in actual and exclusive use as a trade mark of the applicant or his predecessors from whom he derived title for ten years next preceding the passage of this Act." This provision would appear to permit registration of many valuable marks which have hitherto been excluded from registry. INTERFERENCE.—The Commissioner may declare an interference between two conflicting applications, or between a registered mark and an application, or, apparently, between an unregistered known trade mark and an application. The question of the right of registration is referred to the Examiner of Interferences for determination. Appeal from his decision lies to the Commissioner with further appeal to the Court. When there are interfering registered trade marks any person interested may have relief by suit in equity. CANCELLATION.-Any person who deems himself injured by the registration of a mark may apply for cancellation of same. EFFECT OF REGISTRATION.—Registration shall be prima facie evidence of ownership. Certified copies shall be evidence in all cases where originals could be evidence. Infringer shall be liable to an action for damages. Court may enter judgment up to three times amount of verdict. MARKING.--The registrant 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 abbreviated thus, "Reg. U. S. Pat. Off.," or when this is impracticable, then by affixing a label containing a like notice to the package or receptacle wherein article or articles are enclosed. ASSIGNMENT.-Every registered trade mark or application for registration of same shall be assignable in connection with the good will of the business in which the mark is used. Assignments must be in writing and duly acknowledged. Assignment void against subsequent purchaser for valuable consideration, without notice, unless it is recorded in Patent Office within three months. FOREIGN TRADE MARK OWNERS may obtain registration of their marks when they reside in or are located in any foreign country which accords similar privileges to the citizens of the United States. Foreign applicant must state that the trade mark set forth has been registered by the applicant or that application for registration has been filed by him in the foreign country in which he resides and give date of registration or application. It is not necessary for him to state that the mark has been used in commerce with the United States or among the States thereof. Certificate of registration will not issue here until mark has actually been registered in applicant's country. FOREIGN APPLICATION—PRIORITY.—When foreign applicant files here within four months after filing application in home country his application will have the same force and effect as if filed on date of filing in home country in all cases where applicant's country affords similar privileges to citizens of the United States. FOREIGN APPLICANT-DESIGNATION OF AGENT.-Every applicant not domiciled in the United States is required, before the issuance of the Certificate of Registration, to designate, by a notice in writing filed in the Patent Office, some person residing within the United States on whom process or notices may be served. COURTS.-Jurisdiction is given to the Federal Courts without regard to the amount in controversy. Certiorari may be granted by the Supreme Court of the United States as in patent cases. Equity powers are expressly conferred. In assessing profits plaintiff shall be required to prove defendants sales only; defendant must prove all elements of cost which are claimed. Injunction granted, after notice to defendant, by any Circuit Court, may be served throughout the United States; a provision calculated to ensure uniformity in the application of the law. |