Chapter 144. To amend the laws of the United States relating to the registration of trade-marks
760 words·~3 min read·
/statutes-at-large/vol-35/chapter-144-2642084·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 144.— An Act To amend the laws of the United States relating to the registration of trade-marks. February 18, 1909.[[S. 3969](/us/bill/70/s/3969).][[Public. No. 238.](/us/pl/70/238)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That Section two of the ActTrade-marks.Laws of, extended to interstate commerce.Vol. 33, p. 724, amended.Vol. 34, p. 169, amended. of February twentieth, nineteen hundred and live, and Section one of the Act of May fourth, nineteen hundred and six, be, and the same are hereby, amended so that the sections shall, respectively, read as follows:
“Sec. 2. That the application prescribed in the foregoing section,Verified declaration of ownership.R. 8., sec. 4938, p.966, amended. in order to create any right whatever in favor of the party filing it, must be accompanied by a written declaration verified by the applicant, or by a member of the firm or an officer of the corporation or association applying, to the effect that the applicant believes himself or the firin. corporation, or association in whose behalf he makes the application to be the owner of the trade-mark sought to be registered, and that no other person, firm, corporation, or association, to the best of the applicant’s knowledge anil belief, has the right to use such trademark in the United States, either in the identical form or in such nearUse in the United States. resemblance thereto as might be calculated to deceive: that such trademark is used in commerce among the several States, or with foreign nations, or with Indian tribes, and that the description and drawing presented truly represent the trade-mark sought to be registered.
If the applicant resides or is located in a foreign country, the statementApplicants residing abroad. required shall, in addition to the foregoing, set forth that the trademark has been registered by the applicant, or that an application for the registration thereof has been filed by him in the foreign countryProof of registration, etc., in country of residence. in which he resides or is located, and shall give the date of such registration, or the application therefor, as the case may be, except that in the application in such cases it shall not be necessary to state, that the 628 mark has been used in commerce with the United States or among the States thereof.
The verification required by this section may be madeVerification, how made. before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any minister, charge d’affaires, consul, or commercial agent holding commission under the Government of the United States, or before any notary public, judge, or magistrate having an official seal and authorized to administer oaths in the foreign country in which the applicant may be whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States.
” “Sec. 1. That the owner of a trade-mark used in commerce withApplication requirements.R. S„ sec. 4937, p. 955, amended. foreign nations, or among the several States, or with Indian tribes, provided such owner shall be domiciled within the territory of the United States, or resides in or is located in any foreign country which, by treaty, convention, or law, affords similar privileges to the citizens of the United States, may obtain registration for such trade-mark by complying with the following requirements:
First, by filing in the Patent Office an application therefor, in writing, addressed to the Commissioner of Patents, signed by the applicant, specifying his name, domicile, location, and citizenship; the class of merchandise and the particular description of goods comprised in such class to which the trade-mark is appropriated; a statement of the mode in which the same is applied and affixed to goods, and the length of time during which the trade-mark has been used; a description of the trade-markDescription of trademark may be given.Vol. 34, p. 169, amended. itself shall be included, if desired by the applicant or required by the Commissioner, provided such description is of a character to meet the approval of the Commissioner.
With this statement shall be filed a drawing of the trade-mark, signed by the applicant, or his attorney, and such number of specimens of the trade-mark as actually used as may be required by the Commissioner of Patents. Second, by paying into the Treasury of the United States the sum of ten dollars, and otherwise complying with the requirements of this Act and such regu-,lations as may be prescribed by the Commissioner of Patents.” Approved, February 18, 1909.