Chapter 2573. To amend sections five and six of an Act entitled “An Act to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same.” March 2, 1907. [[H
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CHAP. 2573.— An Act To amend sections five and six of an Act entitled “An Act to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same.” March 2, 1907. [[H. R. 25474](/us/bill/59/hr/25474).] [[Public, No. 232](/us/pl/59/232).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section five of the ActTrade marks.Vol. 33, p.725. entitled “An Act to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same,” approved February twentieth, nineteen hundred and five, be, and is hereby, amended to read as follows:
" “Sec. 5. That no mark by which the goods of the owner of the markMarks permitted registry. 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 unless such mark—Exceptions. “(a) Consists of or comprises immoral or scandalous matter. “(b) 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 of any designEmblems of fraternal societies added.Vol. 33, p. 725, amended.*Provisos.*Similarity of trademarks. or picture that has been or may hereafter be adopted by any fraternal society as its emblem: *Provided*, That trade-marks which are 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 resemble a registered or known trade-mark owned and in use 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 registered: *Provided,* That no mark which consists merely in the name of an individual, firm, corporation, or association, not written, printed,Marks with only names of individuals, firms, etc. impressed, or woven in some particular or distinctive manner or in 1252association with a portrait of the individual or merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods, or merely a geographical name or term, shall be registered under the terms of this Act: *Provided further*,Marks with portraits, etc.
That no portrait of a living individual may be registered as a trade-mark, except by the consent of such individual, evidencedMarks in use ten years permitted. by an instrument in writing: *And provided further*, That 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.
” " Sec. 2. That section six of said Act be, and the same is hereby, amended to read as follows: " “Sec. 6. Examination and publication.R. S., sec. 4940, p.956. That on the filing of an application for registration of a trade-mark which complies with the requirements of this Act, and the payment of the fees herein provided for, the Commissioner of Patents shall cause an examination thereof to be made: and if on such examination it shall appear that the applicant is entitled to have his trademark registered under the provisions of this Act, the Commissioner shall cause the mark to be published at least once in the Official Gazette of the Patent Office.
Any person who believes he would be damaged by the registration of a mark may oppose the same by filing notice of opposition, stating the grounds therefor, in the Patent Office within thirty days after the publication of the mark sought to be registered, which said notice of opposition shall be verified by the person tiling the same before one of the officers mentioned in section two of this Opposition notice may be filed by attorney.Vol. 33, p. 726, amended.Notice of refusal.Act.
An opposition may be filed by a duly authorized attorney, but said opposition shall be null and void unless verified by the opposer within a reasonable time after such filing. If no notice of opposition is filed within said time, the Commissioner shall issue a certificate of registration therefor, as hereinafter provided for. If on examination an application is refused, the Commissioner shall notify the applicant, giving him his reasons therefor,” " Approved, March 2, 1907.