Obrázky stránek
PDF
ePub

Hard solid); Echt Hamelner; Eispalast; Erika; Er sitzt; Fix; Fleur d'Iva; Glycopepto; Gold, die erste; Granitdrell; Grosse Mannheimer; Gruss aus dem Engadin; Hamburger Frössen; Hämostypt; Haute finance; Haute-Volée; Heimkultur ; Herz, das kleine süsse; Hochgenuss; Hochpikant; Hochschul apotheke; Ideal; Integral; Kersey-Loden (name of goods); Koka Kola; Konzern; Kurmark; Kurz und Gut; Livarot (place and district in France); Luftbad; Mainzer Cabinet; Mainzer Gold; Matinal; Milano; Milchmann, Million, die erste; Nadelkunst; Neue Frankfurter; Nudelmühle; Ohne Gleichen; Original-Edeltuch; Oro (Span. and Ital.— Gold; Pflanzenmark; Polonaise, Posthorn; Praktika; Privilegium; Puerto, el (Span.-the port); Rheinischer Markt; Rio; Rosen-Honigpulver; Rotsiegel; Sachse; Sanoderma; Sergovia, (name of Span. province and its capital); Spannkraft; Speisejus; Schick; Schiff-Pinsel; Tango; Transparent-Maccaroni; Unica; Universal-Rechenmachine; Record; Unverwüstlich; Urkorn; Verno; Wanderschrigten-Organisation; Weltruf; Württemburg Porzellan; Ypsilanti (name of a place in the Balkans); Zugkräftig; Zwergkeule. (Translation from Blatt für Patent-Muster-und Zeichenwesen, February 25, 1914.

Germany.

Patents. Designs (Gebrauchsmuster), Trade-Marks.

PATENTS...

Statistics, 1913.

The total number of patent applications filed in Germany during the year 1913 was 49,532. This total shows an increase of 3,717 or 8.1 per cent over the number filed for the year 1912. The number of patents granted in 1913 also shows an increase over the previous year, the incrase in this case being 440 or 3.4 per cent.

With respect to countries of origin, the applications filed for 1913 were diIvided as follows: Germany and Protectorates, 38,282; United States, 2,090; France, 1,962; Great Britain, 1,376; Switzerland, 1,325; Austria, 1,242; Belgium, 567; Russia, 534; Hungary, 539; Italy, 430; Sweden, 246; Denmark, 235; Norway, 89; and all other countries, 615.

DESIGNS (GEbrauch muster).

During the year 1913, 62,678 Gebrauchmuster applications were filed and 47,550 Gebrauchmuster were registered. Compared with the statistics for the previous year these figures show an increase of 6,202 or II per cent over the previous year in the number of applications filed and an increase of 3,500 or 7.9 per cent in the number registered.

TRADE-MARKS.

Thirty-two thousand one hundred fifteen trade-mark applications were filed and 17,300 registrations were effected in 1913. A marked increase in each instance is here shown over the statistics for 1912, the increase in the number of applications being 2,608 or 8.8 per cent, and in the number of registrations effected 1,400. Of the number of registrations effected, 11,637 were for word-marks and 5,663 for pictorial marks.

As to countries or origin, the registrations effected were divided as follows: Germany and Protectorates, 16,481; France, 170; Great Britain, 139; Austria, 139; Switzerland, 94; United States, 90; Netherlands, 36; Belgium, 34; Sweden, 22; China, 14; Hungary, II; and all other countries, 70. (Compiled from Blatt für Patent-Muster-und Zeichenwesen, March, 1914.)

Patent Agents.

Reliability.

We believe it will be of interest to reproduce, without comment, the following article appearing in the issue of Jan. 1, 1914, of the official French journal, published by the Ministry of Commerce, Industry, Posts and Telegraphs (Le Bulletin Officiel de la Propriété Industrielle et Commerciale):

"On numerous occasions inventors have asked the National Office of Industrial Property to give them the name and address of an agent, whom they might authorize to prepare and file their patent applications.

"The Office finds itself under the necessity of advising the applicants that the profession of patent agent being in France, as in Belgium, also, absolutely free, is not subject to the control of the administration, and it is not possible for the latter, under these conditions, to furnish the information which was requested from it.

"For this reason, the Office is reminded of its duty to call the attention of inventors to the necessity, which exists, that they take precautions and grant no powers to others than leading agents, offering every guarantee of honor and ability, in order that their rights be fully safeguarded."

On the other hand, the Chancellor of the German Empire has addressed the following notice to the Congress of Chambers of Commerce:

"Numerous complaints, emanating from nontechnical inventors, and in regard to the fraudulent and exorbitant dealings, of which they have been made the object, on the part of unscrupulous patent agents, have resulted in an investigation of this matter. It has been established, that there exist grave abuses, from which a great part of the nation suffers. In order to remedy this deplorable state of affairs, it is important that persons in danger be warned by public notices and by individual action, and it is hoped that the authorities will not be alone in acting energetically in this sense" (L'Ingénieur-Conseil, Feb. 15, 1914).

Argentine.

Trade-Marks. Infringement. Criminal Action. Decision.

Illegal use of a mark.-In criminal law the sentence of the accused does not take place if it is proven that the mark-cause of action-is not used by its owner for the purpose of distinguishing merchandise.

ALBERTO LEVY,

V.

JOSÉ TAGINI.

Buenos Aires, Dec. 4, 1913.

After a hearing on appeal of the case prosecuted by Don Alberto Levy against Don José Tagini concerning the illegal use of a commercial mark.

WHEREAS:

1o. The defendant opposes, among other objections, that of nullity of the registry of the mark No. 25,358, this being based on the fact that its owner neither manufactures nor trades in the art cles concerning whose sale this case is brought;

2o. It results, fully proven, that the plaintiff has not had nor now has grapho

phones in his business to be distinguished with his mark (declaration of folios 28-expert examination of folios 56).

3o. Art. 6 of the Law No. 3,973 says decisively: The ownership of a mark is exclusive with relation to another that might produce confusion among the products; and Art. 58, with reference to this provision, obliges those that sell merchandise under a false mark to give to the merchant or manufacturer, owner of it, i. e., owner of the merchandise that carries the legitimate mark, the corresponding explanation;

4. According to the facts, it is to be established that the law does not protect marks that are not designated in an effective manner, as Art. I recites, for the purpose of distinguishing the products of a factory, wares of commerce or produce of the land. It may be accepted that a merchant or a business man may legally register a mark, having in view future products, but he cannot avail himself of it in a criminal matter against another while making no manufacture or commerce in the wares that he should distinguish with his mark. Another, broader interpretation of the law would invalidate its purpose, which is to effectually protect commerce and industry.

Inasmuch as the question of antecedent condition, that has been examined, is thus decided, it shall be declared that the plaintiff is without valid title for the purpose of judicially prosecuting the defendant in this case.

For these reasons the decision appealed of folios 109 is affirmed with costs. Let notice be given, the record being returned and again given to the lower Court..

(Signed) ANGEL FERREIRA CORTÉS, AGUSTIN URDINARRAIN, DANIEL GOYTIA,

J. N. MATIENZO.

(Translation from 14 Patentes y Marcas, 720.)

Great Britain.

Trade-Marks. Letters of the Alphabet. Decision.
IN THE HOUSE OF LORDS

Present: Earl Loreburn and Lords Shaw, Mersey, and Parker.
July 10th and August 1st, 1913.

IN THE MATTER OF APPLICATIONS BY W. AND G. DU CROS LD.

FOR THE REGISTRATION OF TRADE-MARKS

THE REGISTRAR of Trade-MARKS V. W. AND G. DU CROS LD.

Trade-Mark.-Applications for registration for motor vehicles of the letters "W. & G." in two forms, one in script with a peculiar tail to the "G," and one in block letters.-Distinctive mark. "Adapted to distinguish."-User.-Registration refused by the Comptroller.-Appeal to the Court dismissed.-Appeal to the Court of Appeals.-Application allowed to proceed for the registration in script only-Cross appeals to the House of Lords.-Appeal of Registrar allowed.-Applicants' appeal dismissed.-Both applications refused.-Trade-Marks Act, 1905, Sections 3 and 9 (5).

W. and G. du Cros Lr., motor car dealers and motor cab proprietors, applied to register two trade-marks each consisting of the two letters "W" and "G"

joined by the symbol "&." In the one case the mark was in ordinary block letters, in the other in a written running hand, the "G" having an exaggerated tail. The Comptroller-General (as Registrar of Trade-Marks) refused the applications. The ground of the decision was that letters, as a rule, are not in any way distinctive; that the letters of the alphabet ought to be open to the general public for use; and that, although letters ought not to be wholly excluded from the category of registrable trade-marks, yet applying the principles of Joseph Crosfield & Sons' Application (26 R. P. C., 837; L. R., 1910, 1 Ch. 130), very strong evidence was required before it could be held that marks consisting of letters alone could be distinctive, and that in this case substantial difficulty and confusion would arise by allowing registration, there being no evidence that motor cabs with these letters upon them were well known outside the London district. The Applicants appealed. It was held by Eve, J., that neither of the marks was a distinctive mark within Section 9 (5) of the Trade-Marks Act 1905, and that the decision of the Comptroller-General was right. The appeal was refused with costs. The Applicants appealed to the Court of Appeals. The appeal was allowed as to the mark in script, but refused as to the other; CozensHardy, M. R., holding that, as to the first application, the Applicants should be allowed to proceed to the advertisment stage, but that the appeal failed in respect of the second application; Fletcher Moulton, L. J., holding that both applications ought to be allowed to proceed; Farwell, L. J., holding, in deference to the opinion of the Court, that the first application be allowed to proceed, but that the appeal failed as to the second.

The Registrar of Trade-Marks and the Applicants presented cross appeals to the House of Lords.

Held, that on an application to register a trade-mark the Registrar has a judicial discretion, and when the application comes before him in the first instance should consider the interests of the public; that, although letters may be registrable as trade-marks, they can only be registered if distinctive, that is to say, "adapted to distinguish”; and that, on the facts of the case, the registration of the marks applied for would prevent existing and future firms having the initials W. & G. from using their own initials to indicate their goods; and that the Registrar was right in refusing both applications. The appeal of the Registrar was allowed with costs, and the appeal of the Applicants was dismissed with costs.

Distinctiveness in fact is not conclusive in reference to registrability of a trade-mark, and the extent to which the tribunal will be influenced by it must depend on all the circumstances, including the area within which and the period during which such distinctiveness can in fact be predicated of the mark in question. (Report in full, of which the above is a synopsis, appears in 30 The Illustrated Official Journal [Supp.] [Patents], 660.)

Austria.

Trade-Marks. Statistics. 1913.

The total number of trade-marks registered in Austria for the year ending Dec. 31, 1913, was 10,010. Of this number Austria contributed 7,753; Hungary, 1,185; Bosnia and Herzegovina, 6; and foreign countries as follows: Germany, 754; Great Britain, 144; United States, 82; Sweden, 26; Russia, 19; France, 10; all others, 31. (Oesterreichisches Patentblatt, April 1, 1914, p. 113.)

Portugal.

Industrial Property. Revised General and Specific Instructions. Decree No. 269 of Jan. 10, 1914. (Translation.)

MINISTRY OF PUBLIC INDUSTRY

GENERAL DIRECTORATE OF COMMERCE AND INDUSTRY
BUREAU OF INDUSTRIAL PROPERTY

DECREE NO. 269

Whereas: The Bureau of Industry is charged with the duty of providing plain instructions concerning the form of the applications that are presented in that Bureau;

Whereas: The rules which have regulated the matter are so scattered today, that those interested can hardly make any request without giving rise to doubts; Whereas: For some time, certain applicants claim that the requirements, which they fulfill in the Bureau, do not harmonize with what they allege to have been explained there to them, the verification of such assertions being difficult;

Whereas: The formalities adopted in the rules, which regulate the service of industrial property, do not harmonize with the present political regime of the Nation, and the documents promulgated by it have seen the manner of execution of certain services changed;

Whereas: The number of national and foreign marks amounts now to about 30,000 registrations, for manufactured, agricultural or commercial products, and this number tends to increase, as the statistics, published annually, prove;

Whereas: Inasmuch as the preliminary examination of marks, which is now required, cannot be carried out with due exactitude and rigor in order to give to those interested the absolute guarantee that marks are not being registered which may be confounded with those already registered;

Whereas: In order to make preliminary examination of new marks, filed for registration, with absolute certainty and uniform criticism for those of all classes, it will be necessary to increase, for such arrangement, and to complicate the bureaucratic work in such a way that the fees which the State receives for this service will not pay the expenses to be incurred;

Whereas: The State, taking to itself the duty of overseeing for the individual interests, performs its work erroneously;

Whereas: In the case under consideration it is necessary to know the particulars as far as all the applications for registry, which are properly presented in the Bureau, as well as every phase of the respective procedure, in order to thus be able to present in due time its claims with the Bureau of Industrial Property;

Whereas: In the internal service of the organization of the registers, albums, and archives of that Bureau, it is necessary to have recourse to printing, photographic and binding work, which requires special artists;

Whereas: The prices of the publications of the Bureau of Industrial Property should be fixed, and the way in which the public shall secure them should be regulated, without the inconveniences to which the practice, in force until now, puts it;

By virtue of the power, which paragraph 3, Art. 47, of the Political Constitu

« PředchozíPokračovat »