1183 Great Britain-Trade Marks-Important Decision. New Zealand-Australian Commonwealth-Patents. Portugal-Patents and Trade Marks - Amendment of Law.. Rhodesia, Southern-Patents. Government Notice No. 239 of 1904, continued. 1185 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. RULES GOVERNING THE REGISTRATION OF TRADE-MARKS UNDER THE ACT APPROVED FEBRUARY 20, 1905, TO TAKE EFFECT APRIL 1, 1905. UNITED STATES PATENT OFFICE, The following rules, designed to be in strict accordance with the provisions of the act approved February 20, 1905, for the registration of trade-marks, are published for gratuitous distribution. Applicants for registration and their attorneys are advised that their business will be facilitated by the observance of the forms on pages 31-35. FREDERICK I. ALLEN, Commissioner of Patents. CORRESPONDENCE. I. All business with the Office should be transacted in writing. Unless by the consent of all parties, the action of the Office will be based exclusively on the written record. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt. 2. Applicants and attorneys will be required to conduct their business with the Office with decorum and courtesy. Papers presented in violation of this requirement will be returned; but all such papers will first be submitted to the Commissioner, and only be returned by his direct order. 3. All letters should be addressed to "The Commissioner of Patents"; and all remittances by money order, check, or draft should be to his order. 4. A separate letter should, in every case, be written in relation to each distinct subject of inquiry or application. Complaints against the examiner in charge of trade-marks, assignments for record, fees, and orders for copies or abstracts must be sent to the Office in separate letters. 5. Letters relating to pending applications should refer to the name of the applicant, the serial number of the application, and the date of filing. Letters relating to registered trade-marks should refer to the name of the registrant, the number and date of the certificate, and the merchandise to which the trade-mark is applied. 6. The personal attendance of applicants at the Patent Office is unnecessary. Their business can be transacted by correspondence. 7. When an attorney shall have filed his power of attorney duly executed, the correspondence will be held with him. 8. A double correspondence with an applicant and his attorney, or with two attorneys, can not generally be allowed. 9. The Office can not undertake to respond to inquiries propounded with a view to ascertain whether certain trade-marks have been registered, or, if so, to whom, or for what goods; nor can it give advice as to the nature and extent of the protection afforded by the law, or act as its expounder, except as questions may arise upon applications regularly filed. 10. Express, freight, postage, and all other charges on matter sent to the Patent Office must be prepaid in full; otherwise it will not be received. ATTORNEYS. II. An applicant or an assignee of the entire interest may prosecute his own case, but he is advised, unless familiar with such matters, to employ a competent attorney. The Office can not aid in the selection of any attorney. A register of attorneys is kept in this Office, on which will be entered the names of all persons entitled to represent applicants before the Patent Office. The names of persons in the following classes will, upon their written request, be entered on this register: (a) Any person who, on June 18, 1897, was engaged as attorney or agent in the active prosecution of applications for patent before this Office, or had been so engaged at any time within five years prior thereto and is not disbarred, or is or was during such period a member of a firm so engaged and not disbarred, provided that such person shall, if required, furnish information as to one or more applications for patents so prosecuted by him. (b) Any attorney at law who is in good standing in any court of record in the United States or any of the States or Territories thereof and shall furnish a certificate of the clerk of such United States, State, or Territorial court, duly authenticated under the seal of the court, that he is an attorney in good standing. (c) Any person who has been regularly recognized as an attorney or agent to represent claimants before the Department of the Interior, or any bureau thereof, and is in good standing, provided that such person shall furnish a statement of the date of his admission to practice as such attorney or agent, and shall further show, if required by the Commissioner, that he is possessed of the necessary qualifications to render applicants valuable service, and is otherwise competent to advise and assist them in the presentation and prosecution of their applications before the Patent Office. (d) Any person not an attorney at law who shall file a certificate from a judge of a United States, State, or Territorial court, duly authenticated under the seal of the court, that such person is of good moral character and of good repute and possessed of the necessary qualifications to enable him to render applicants valuable service, and is otherwise competent to advise and assist them in the presentation and prosecution of their applications before the Patent Office. (e) Any firm which, on June 18, 1897, was engaged in the active prosecution, as attorneys or agents, of applications for patents before the Patent Office, or had been so engaged at any time within five years prior thereto, provided such firm or any member thereof is not disbarred, provided the names of the individuals composing the firm are stated, and provided also, that such firm shall, if required, furnish information as to one or more applications prosecuted before the Patent Office by them. (f) Any firm, not entitled to registration under the preceding sections, which shall show that the individuals composing the firm are each and all recognized as patent attorneys or agents, or are each and all entitled to be so recognized under the preceding sections of this rule. The Commissioner may demand additional proof of qualifications, and reserves the right to decline to recognize any attorney, agent, or other person applying for registration under this rule. Any person or firm, not registered and not entitled to be recognized under this rule as an attorney or agent to represent applicants generally, may, upon a showing of circumstances which render it necessary or justifiable, be recognized by the Commissioner to prosecute as attorney or agent any certain specified application or applications, but this limited recognition shall not extend further than the application or applications named. No person, not registered as above provided, will be permitted to prosecute, as attorney, applications before the Patent Office. 12. Before any attorney, original or associate, will be allowed to inspect papers or take action of any kind, his power of attorney must be filed. General powers given by a principal to an associate can not be considered. In each application the written authorization must be filed. A power of attorney purporting to have been given to a firm or copartnership will not be recognized, either in favor of the firm or of any of its members, unless all its members shall be named in such power of attorney. 13. Substitution or association may be made by an attorney upon the written authorization of his principal; but such authorization will not empower the second attorney to appoint a third. 14. Powers of attorney may be revoked at any stage in the proceedings of a case upon application to and approval by the Commissioner; and, when so revoked, the Office will communicate directly with the applicant, or such other attorney as he may appoint. An attorney will be promptly notified by the docket clerk of the revocation of his power of attorney. 15. For gross misconduct, the Commissioner may refuse to recognize any person as an attorney, either generally or in any particular case; but the reasons for such refusal will be duly recorded and be subject to the approval of the Secretary of the Interior. WHO MAY REGISTER A TRADE-MARK. 16. A trade-mark may be registered by any person, firm, corporation, or association domiciled within the territory of the United States, or residing in or located in any foreign country which, by treaty, convention, or law, affords similar privileges to the citizens of the United States, and who is entitled to the use of any trade-mark and uses the same in commerce with foreign nations, or among the several States, or with Indian tribes, upon payment of the fee required by law and other due proceedings had. (See Rules 17 and 19.)—Act of Feb. 20, 1905, Sec. 1. 17. No trade-mark will be registered to an applicant residing or located in a foreign country unless such country by treaty, convention, or law, affords similar privileges to the citizens of the United States, nor unless the trade-mark has been registered by the applicant in the foreign country in which he resides or is located. In such cases it is not necessary that the trade-mark shall have been used in commerce with the United States or among the States thereof. (See Rule 31.)—Act of Feb. 20, 1905, Secs. 1, 2, and 4. WHAT MAY BE REGISTERED AS A TRADE-MARK. 18. No trade-mark will be registered to an owner domiciled within the territory of the United States unless it shall be made to appear that the same is used as such by said owner in commerce among the several States, or between the United States and some foreign nation or Indian tribe: no trade-mark will be registered to an owner residing in or located in a foreign country unless said country by treaty, convention, or law affords similar privileges to the citizens of the United States: no trade-mark will be registered which consists of or comprises immoral or scandalous matter, or which consists of or comprises the flag or coat of arms or other insignia of the United States, or any simulation thereof, or of any State or municipality, or of any foreign nation, or which is identical with a registered or known trade-mark owned and in use by another, and appropriated to merchandise of the same descriptive properties, or which so nearly resembles a registered or known trade-mark owned and in use by another, and appropriated to merchandise |