Chapter 113. to authorize the registration of trade-marks Registration of names permitted.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, and amended by an Vol. 33, p. 725
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CHAP. 113.— AN ACT Revising and amending the statutes relative to trade-marks. February 18, 1911.[[H.R. 21749](/us/bill/36/hr/21749).][[Public, No. 388](/us/bill/36/pl/388).] *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.entitled “An Act to authorize the registration of trade-marks Registration of names permitted.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, and amended by an Vol. 33, p. 725.Act approved March second, nineteen hundred and seven, be, and the same hereby is, further amended by adding at the end of the section the words:
“*Provided further,* That nothing herein shall prevent the registration of a Vol. 34, p. 1251, amended.trade-mark otherwise registrable because of its being the name of the applicant or a portion thereof,” so that the section as amended will read as follows: “ Sec.5.That no mark Marks permitted entry.by which the goods of the owner of the mark may be distinguished from other goods of the same class shall be 919refused registration as a trade-mark on account of the Prohibitions.nature of such mark unless such mark— “
(a)Consists of or comprises immoral or scandalous matter.Immoral, etc., matter. “
(b)Consists of or comprises the flag or coat of arms or other insignia Flags, insignia, etc.of the United States, or any simulation thereof, or of any State or municipality, or of any foreign nation, or of any design or picture that has been or may hereafter be adopted by any fraternal society as its emblem : *Provided,* *Provisos.*That trade-marks which are identical with a registered or known trade-markSimilar to known trade-marks.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 Marks with only names of individuals, etc.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, impressed, or woven in some particular or distinctive manner or in association 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 Unauthorized portraits.of such goods, or merely a geographical name or term, shall be registered under the terms of this Act: *Provided further,* That no portrait of a living individual may be registered as a trade-mark except by the consent of such individual, evidenced by an instrument in writing: *And provided further,* That Marks in use ten years permitted.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 February twentieth, nineteen hundred and five: *Provided further,* That nothing herein shall prevent the registration of a trade-mark Permissible use of names.otherwise registrable because of its being the name of the applicant or a portion thereof.” Approved, February 18, 1911.