ON PETITION. TRADE-MARK FOR VEHICLES. Messrs. Barthel & Barthel, for the Universal Motor Truck Co. Mr. Harry Lea Dodson and Mr. Frank S. Appleman, for The Universal Motor Co. EWING, Commissioner: This is a petition by The Universal Motor Co. that the Commissioner, in the exercise of his supervisory authority, review the decision of the Examiner of Interferences in this opposition rendered June 28, 1913, which was a decision denying a motion by the Universal Motor Truck Co. that the opposition be "dissolved." The motion was based on the ground that an answer under oath not having been waived the sworn answer of the applicant was evidence and that the proofs introduced by the opposer were insufficient to overcome this sworn answer. The Examiner of Interferences did not decide what weight should be given to a sworn answer where the answer under oath was not waived, but stated that the applicant would have a time fixed for the taking of its proofs and must assume the responsibility of either taking proofs at that time or of standing upon its answer. Rule 41 of the former equity rules read in part as follows: If the complainant, in his bill, shall waive an answer under oath, or shall only require an answer under oath with regard to certain specified interrogatories, the answer of the defendant, though under oath, except such part thereof as shall be directly responsive to such interrogatories, shall not be evidence in the favor, unless the cause be set down for hearing on bill and answer only. It is contended that because this rule is not embodied in the new equity rules a sworn answer under oath is evidence in all cases whether the answer under oath be waived or not. The notice of opposition was filed prior to the time when the new equity rules went into effect; but the answer was not filed until after that date, and under Rule 81 the procedure in this case should follow the new rules. Neither Rule 25 nor Rule 30 makes any reference to the filing of an answer under oath. Rule 31, however, provides that— the cause shall be deemed at issue upon the filing of the answer, and new or affirmative matter therein shall be deemed to be denied by the ruling. Rule 58 provides for the filing of interrogatories and states that such interrogatories may be filed by the plaintiff at any time after filing the bill and not later than twenty-one days after the joinder of issue and that each interrogatory shall be answered separately in writing and under oath. In view of the general character of the new equity rules and the provisions above pointed out it is my opinion that the effect of an answer under oath as evidence has been abolished, and since under Rule 31 the allegations of the answer are deemed to be denied upon the filing thereof the applicant must substantiate these allegations by proper proof if he would have any weight given to them at the final hearing. The Examiner therefore properly refused to decide the case at this time upon the opposer's proofs and the pleadings. International Union. Official Journals. Contents for January. LA PROPRIÉTÉ INDUSTRIELLE. OFFICIAL PART. International Union: States of the Union, Jan. 1, 1914. Circulars and Administrative Notices: BRAZIL. Notice of Oct. 21, 1913, concerning the Proof of Working of Patented Inventions. UNOFFICIAL PART. Correspondence: LETTER FROM GERmany.—Letters FROM ITALY. New Regulation for the Execution of the Patent Law of Oct. 30, 1859 (M. Amar and Edoardo Bosio). Jurisprudence: GERMANY. Convention of the Union, Art. 4; patent of invention; multiple deposits; determination of the date from which begins the period of priority. Miscellaneous Indica News: BULGARIA. Proposed law-Industrial Designs and Models.-ECUADOR. Stamp tax in the matter of Patents.-FRANCE. tions of origin in the matter of imitation wines. Bibliography: Étude Comparative sur les Lois Concernant les Brevets` d'Invention, by Max Georgii.-Periodical publications. LE DROIT D'AUTEUR. OFFICIAL PART. International Union: LIST OF STATES OF THE UNION (to Jan. 1, 1914).—ACTS IN FORCE BETWEEN THE STATES OF THE UNION. Domestic Legislation: ITALY. Circular of Dec. 8, 1913, concerning the formalities to be fulfilled for works composed of many parts. UNOFFICIAL PART. Observations and Miscellaneous News: AFRICA. The South African Union and the British Codification of the Copyright Laws.GERMANY. The new German-Russian Copyright Treaty and the adaptations of dramatic scenes.-The mechanical musical instrument industry and the retroactive features of the Law of 1910.-BRAZIL. The signing of a special Copyright Treaty with France.-UNITED STATES. A bill concerning the simplification of deposit of foreign works.—FRANCE. Official and private action in favor of the international protection of authors.-Legal step towards the abrogation of the Law of 1866 concerning mechanical musical instruments.-GREAT BRITAIN. A private arrangement between authors and publishers on the subject of extracts for educational publications.-ITALY. Ratification of revised Convention of Berne.-The NETHERLANDS. Retroactivity of Organic Law of 1912. Correspondence: LETTER FROM FRANCE (Vaunois). Industrial Designs. Jurisprudence: GERMANY. Mechanical musical instruments; "Book"; right granted before the enforcement of the Law of May 22, 1910; obligatory license not applicable.-SPAIN. French works of art: Reproduction in Spain. Convention of Berne; pretended obligation of fulfilling the formalities of the country of origin.—FRANCE. Dramatic-musical works; Applied Art; models of robes: Law of 1806. Miscellaneous Documents: INTERNATIONAL CONGRESS OF PUBLISHERS. Reunion of the Committee at Paris in 1913. Bibliography: Convenzioni e Trattati per la Protezione della Proprietà Intellettuale. Roma, Office of Industrial Property, 1913. United States. Patents. Delayed Applications. Order No. 2,095. Washington, D. C., January 19, 1914. It is hereby ordered that the Examiners make special every application which has been pending for eight years or longer and every application purporting to be a division of a continuation of an application filed more than eight years ago. After May 31, 1914, no amendment or other paper presented by or on behalf of the applicant in any such application shall be entered without having been first called to the personal attention of the Commissioner. On June 1. 1914, each Examiner shall report to the Commissioner what applications falling under this order are pending in his division. (Signed) THOMAS EWING, Commissioner. Canadian Patent Law and Practice By HAROLD FISHER, B.A., LL.B., of the Ottawa Bar and RUSSELL S. SMART, B.A., M.E., Advocate of the Quebec Bar with which is included Canadian Patent Office Practice (Second Edition Revised) By W. J. LYNCH, I.S.O., Chief of the Canadian Patent Office The Latest and Best Work on the Subject Law 8vo; 482 pages; handsomely bound in half calf; CROMARTY LAW BOOK COMPANY, Law Publishers 1112 Chestnut Street Vol 12 TRADEMARK Advertisements 192 Proposed New Law. Trade Marks. Infringement under Convention. Austria. Dcsigns. Gebrauchmuster. Proposed New Law. Chile. Trade Marks. Cuba. France. 165 168 163 190 163 Trade Marks. "Red Cross" and "Geneva Cross." Law of July 24, 1913 Uruguay. Trade Marks. United States. Papua. Copyright. Adhesion to the Convention. See Newfoundland. Transvaal. Patents. Computation of Time. Rule of April 2, 1913. Designs. Proposed Legislation. H. R., 11321 and S. 3950.. United States. United States. United States. United States. Industrial Property. Chamber of Commerce. Washington, Feb. 11, 1914 185 184 186 187 188 189 189 United States Practice. Patents. Announcement of Decisions... WM. WALLACE WHITE, Proprietor and Publisher Borough of Manhattan, New York City, N. Y., U. S. A. Entered as second-class matter, October 17, 1912, at the Postoffice at New York, N. Y., under the Act of March 3, 1879. Patent and Trade Mark Review Copyright, 1914, by Wm. Wallace White A monthly journal for the publication of new Edited and Published by RICHARDS & CO., WOOLWORTH BUILDING, NEW YORK CITY. 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