Chapter 7. Amending 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 the Indian tribes, and to protect the same.”January 8, 1913.[[H
615 words·~3 min read·
/statutes-at-large/vol-37/chapter-7-2815627·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 7.— An Act Amending 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 the Indian tribes, and to protect the same.”January 8, 1913.[[H. R. 10648](/us/bill/62/hr/10648).][[Public, No. 347](/us/pl/62/347).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Trade-marks.Vol. 33, p. 725; Vol. 34, p. 1251.Vol. 38, p. 918. amended.
That the Act approved February twentieth, nineteen hundred and five, as amended, be, and the same is hereby, further amended so that section five thereof shall 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 ofProhibitions. 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 of the United States or any simulation thereof, or of anyFlags, insignia, etc. 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, or of any name, distinguishing mark, character,Name of incorporated club, etc. emblem, colors, flag, or banner adopted by any institution, organization, club, or society which was incorporated in any State in the United States prior to the date of the adoption and use by the applicant: *Provided*, That said name, distinguishing mark, character, *Proviso*.
Priority requisite.emblem, colors, flag, or banner was adopted and publicly used by said institution, organization, club, or society prior to the date of adoption and use by the applicant: *Provided*, That trade-marks which areSimilar to known trade-marks. 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 inMarks with only names of individuals, goods, etc. 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 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 individualUnauthorized use of portraits. may be registered as a trade-mark except by the consent of such individual, evidenced by an instrument in writing: *And provided further*, That nothing herein shall prevent the registration of anyMarks in use ton years prior to February 20, 1905, permitted. 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 650 Permissible use of names.twentieth, nineteen hundred and five: *Provided further*, That nothing herein shall prevent the registration of a trade-mark otherwise registrable because of its being the name of the applicant or a portion thereof.
” " Approved, January 8, 1913.