Index to Volume I. With this number of the REVIEW subscribers will receive Index and title page for Volume II. Bound volumes of Volumes I and II can each be had at a cost of $2.75 for cloth or $3.00 for sheep. Mexico. PATENTS.-Rules. Through inadvertence we have published two independent translations of the rules of Sept. 24, 1904. The first publication appears at pages 733 and 767 and the second at page 929. Portuguese Colonies. Patents and Trade Marks. Since the publication (p. 853) of list of these Colonies it has been decided that protection may also be had in the "Zambesi Company's Territory." The following is a revised list of the Colonies in which protection may be obtained: A Federal Registration Act has passed the Senate and we understand that the same is likely to pass the House of Representatives during the present session. Panama (Republic). Patents and Trade Marks. The following is a translation of the provision relating to patents and trade marks contained in the general law lately adopted. TAXES IMPOSED ON PATENTS FOR INVENTIONS AND ON REGISTRATIONS OF TRADE MARKS. ARTICLE 38. Any discovery or new invention made in some branch of industry gives to its author the exclusive right to avail himself of his discovery or his invention. This right is granted by an instrument issued by the Government of the Republic under the name of Patent for Invention. ARTICLE 39. On every grant of a patent a tax shall be imposed payable by the grantee to the Treasury of the Republic and amounting to twenty pesos for each year of the granted term, payment to be made at once at the time when the patent is obtained. The person who applies for a patent shall state the number of years for which he intends to use the patent and he shall deposit the amount due for one year. The deposited sum shall be forfeited if the patent is not allowed, but if the latter is allowed, said sum shall be credited to applicant as part of the tax due for the granted title. ARTICLE 40. The tax to be paid to the National Treasury for each trade mark and mark of commerce amounts to $50.00 and $30.00 respectively. ARTICLE 41. A trade mark consists of any phrase or sign used for distinguishing or for designating a special product intended for an industry or for trade, and a mark of commerce consists of a phrase or distinct sign used for an article of merchandise and intended for a person or a concern engaged in commerce. ARTICLE 42. The regulations to be observed in issuing patents for inventions and in registering trade marks are those provided by the Colombian laws of May 15th, 1848, and 35, of May 13th, 1859, and by the other supplementary and amendatory provisions so far as they are not contrary to the provisions of the present law. * * * * * * * * * * TAXES IMPOSED ON THE REGISTRATIONS OF PUBLIC AND PRIVATE INSTRUMENTS. ARTICLE 44. * VIII. Five pesos for every title of ownership to literary and scientific works and for a patent granting the rights to industrial inventions. Regulations providing for registration were adopted, to take effect October 23, 1904, the same having first been approved, with some minor changes, by the American, British and Japanese Governments. It is stated, however, in the daily papers that, local merchants being dissatisfied with the measure, the British and German Ministers protested and the enforcement of the regulations was indefinitely postponed. We give below the text of the regulations as they were submitted to the Powers named. It will be seen that the scale of fees is high, and this is understood to be the chief ground of complaint. In our opinion there is likely to be very little, if any, delay in putting the regulations in force. We are of the opinion that trade mark owners will do well to arrange at once for the registration of their marks. See Articles 6, 7, 25, 26, and 27. China. Trade Marks. (From the N. C. Herald and S. C. and C. Gazette, July 29, 1904.) Experimental Regulations. The following Regulations for the Registration of Trade Marks to be operated experimentally have been proposed by the Chinese Government. The British Gov ernment is willing that they be put in temporary operation after making a few unimportant changes; the Japanese Government raises no objection to them; and the American Government has so far expressed no decision: 1. Any one, no matter whether Chinese or foreigner, who desires to use a trade mark, must first register the same according to these Regulations. A special design, inscription, and emblem, either all three employed in combination, or any one or two of them, constitute the essential characteristics of a trade mark. 2. The Board of Commerce will establish a Bureau of Registration to attend especially to matters of registration, and the Customs at Tientsin and Shanghai will serve temporarily as Branch Offices for receiving applications, to the greater convenience of those who apply, who may present their petitions at the place nearest to them. 3. Applicants for registration may send their applications either to the Bureau of Registration or to a Branch Office to be forwarded to the Bureau. 4. Every application must be accompanied by a statement, which must contain a description of the trade mark in three particulars: (a) it must give a general description of the trade mark; (b) tell to what class it belongs, and (c), state on what particular kind of goods it is to be used. If the application be forwarded through a Branch Office, duplicates must be made, both of the application and the statement. 5. The Bureau of Registration, having received an application, and having found nothing in it contrary to the requirements, shall file the same for three months and if within that time no person shall have petitioned against the registration, the said trade mark shall be registered. 6. If applications be made for the registration of two trade marks which are similar to one another and which are to be used upon the same sort of goods, registration must be granted to the one first making application. If both applications be presented at the same time on the same day, permission to register must be given to both. 7. In case of a trade mark already registered in a foreign country, if application for its registration in China be made within four months from the date of its registration abroad, the date of such registration abroad may be recognised. 8. Trade marks of the character specified below shall be refused registration :(i) Those which destroy respect for rank, do injury to the customs of the country, and deceive the people. (For instance such as use official emblems, or employ pictures which Chinese may regard as improper.) (ii) Those which imitate the impressions of seals especially reserved for the use of the Government (such as the Imperial seal and the oblong lead seals of the various yamens), or which imitate the designs of the Imperial flag, the military banners or decorations for merit. (iii) A trade mark identical with or similar to one already registered belonging to another person, or which shall have been already in public use in China more than two years before the present application shall have been made, and to be used upon the same sort of goods. (iv) Those which do not show something distinctive to be recognised. 9. The term during which any merchant, Chinese or foreigner, may be allowed exclusive use of a trade mark shall be twenty years, beginning with the date of registration by the Bureau. But trade marks already registered in another country and for whose registration here application shall have been made according to the Regulations shall be allowed a term of exclusive use corresponding to that provided for in the registration abroad. (But in no case shall such term extend beyond twenty years.) 10. If after the expiration of the term of exclusive use it should be desired to extend such term, and application for a renewal of registration be made within six months before the expiration of the term of exclusive use, such application for renewal may be allowed. II. Should the owner of a trade mark already registered desire to sell to some one else the right to its exclusive use, or should he find it necessary to share its use with others, he must at once make application at the Bureau of Registration for registration of the change. 12. If any trade mark already registered shall be found to violate the provisions of (i), (ii), and (iv) of Regulation 8 the Bureau of Registration may cancel the registration of such trade mark. 13. If a trade mark already registered shall be found to violate the provisions of Regulation 6, or those of (iii) of Regulation 8, the injured party may make application to have the registration of such trade mark annulled. But this provision shall not apply to any trade mark already registered for three years. 14. If, upon application having been made for the registration of a trade mark, the Bureau of Registration shall find that such trade mark does not comply with the requirements, the Bureau shall endorse clearly upon the rejected application the reasons for refusing registration. 15. Any person unwilling to submit to the refusal mentioned in the preceding Regulation may, within three months after the date of the said refusal, present a statement of facts and request the Bureau of Registration to reconsider the application. 16. If in any application for the registration of a trade mark the owner of a trade mark shall not be in China, or if he should reside at a considerable distance from the Bureau of Registration, he must select a reliable friend and report him as his agent or representative. 17. Should any one desire to make a copy of any records in the trade mark registration files, or examine the same, he may make application for such privilege, either at the Bureau of Registration or at one of the Branch Offices. If he shall reside at a considerable distance his agent or representative may make such application. 18. The Bureau of Registration shall publish Trade Mark Reports from time to time, announcing therein for the information of the public what trade marks have been registered and the circumstances connected with the cancellation of any registration. 19. Should any one infringe the right to the exclusive use of a trade mark the owner thereof may bring suit against the offender, who shall be required to pay damages if investigation sustain the charges made. 20. In case of a suit for the infringement of a trade mark, if the defendant be a foreigner, the local magistrate shall send a dispatch informing the Consul of defendant's nationality and shall sit with him in a trial of the case. If the defendant be a Chinese, the Consul concerned shall send a dispatch informing the local magistrate and shall sit with him in a trial of the suit. If both parties to the suit should be foreigners, or if both parties should be Chinese, immediately upon information being given of the infringement, the Court or officer having jurisdiction will take action as required, so that due protection may be given. 21. Any one guilty of any of the following offences may be punished with not more than one year's imprisonment and not more than three hundred taels fine, but no action shall be taken against any such offender except after suit duly brought by the injured party : (i) Imitation of another's trade mark with the purpose of using such imitation upon the same sort of goods as that on which the original is used, or selling such imitation. (ii) Making an imitation of another's trade mark and using the same upon the same sort of goods as those upon which the original is used, or with a knowledge of the circumstances selling such goods or storing them with the intention to sell. (iii) Using the imitation of another's trade mark as a shop sign in advertisement or placard. (iv) While knowing that the receptacle used by another (such as a large or small box, bottle, jar, etc.) or the wrapper bears a registered trade mark yet using the same for goods of the same sort as the originals; or, while knowing the circumstances, selling such goods. (v) Purposely importing such goods into any port, knowing well that such action may injure another whose goods bear a registered trade mark. 22. When on account of the circumstances set forth above such counterfeit trade marks, or the instruments used in making them are seized and confiscated, the goods, receptacles and signs, which cannot be distinguished from those bearing the genuine trade mark shall all be destroyed. 23. Application for the registration of a trade mark having been made and a certificate issued, the merchant, whether Chinese or foreigner, shall pay the prescribed fees as follows: (v) 5.00 each 66 20.00 66 10.00 66 20.00 (ix) Filing complaint of infringement. (x) Application for extension of expired term and re- (vi) Copy of record of registration of trade mark.......... Application for reconsideration of rejected trade (xi) Application for the cancellation of trade mark.. 20.00 (xii) Transfer of certificate to heirs..... 5.00 66 year. 5.00 *According to new reckoning the expression of "2 k'o," used in the original means a half-hour. 24. These Regulations shall be of force from and after Kuang Hsu. 25. Inasmuch as mutual protection is required by the treaties, if, before the Bureau of Registration shall have entered upon its duties, request for the registration of any trade mark shall have been presented at any yamen having jurisdiction the Bureau shall regard the application as having been already properly made. |