tion of the Portugese Republic confers on me, and in accordance with the provisions of Art. 236 of the letter of the Law of May 21, 1896: I am pleased, by the advice of the Minister of Public Industry, to DECREE the following regulatory prescriptions referring to the formalities of applications, the examination of marks, the corresponding registry and procedure of claims, services of photography and printing, and the organization of albums, and subscriptions of sales and publications concerning Industrial Property. CHAPTER I. F'ORMULARY OF DOCUMENTS RELATING TO INDUSTRIAL PROPERTY MATTERS. ART. 1. The "General Regulatory Rules Concerning the Manner of Preparing Applications Relating to Industrial Property" fixed by this decree are approved. ART. 2. These "General Rules" are made an integral part of the present decree, and shall be signed with it by the Minister of Public Industry, being substituted, with full effect, for the arrangements concerning the matter, which were formerly in force. (See Editor's Note, p. 206, following. Ed.) ART. 3. It is expressly prohibited to officials of the Bureau of Industrial Property, under penalty to be incurred according to the provisions of Art. 105 of the Organization of Jan. 21, 1903, to give explanations, verbal or written, to interested parties, who may apply to them, when they refer to matters appearing in the said instructions. Portugal. Trade-Marks. Regulations (Part and Continuation of Decree No. 269 of Jan. 10, 1914). CHAPTER II. PROCEDURE OF EXAMINATION AND REGISTRATION OF MARKS. ART. 4. For the regulation of Chap. 4, Sec. 4, and also of Sec. 8, of the Law of May 21, 1896, trade and commercial marks, submitted for registration in accordance with Art. 15, and following, of the Decree of March 16, 1905, and of Arts. 3, and following, of the Decree of March 1, 1901, shall be examined before making the publication, for which Arts. 78 of the law mentioned and 3 of the Decree of March 1, 1901, provide, in order to verify whether, in view of the prescription in the Constitution of the Republic, they shall satisfy the conditions of the legislation in force and, especially, Art. 85 of the Law of May 21, 1896, Art. 6 of the Convention of March 20, 1883, for the Protection of Industrial Property, and No. 4 of the Protocol of Closure of said Convention. ONLY SECTION. The examination, to which this article refers, shall be made according to the order of entry of the application for registry in the Bureau of Industrial Property. ART. 5. Jointly with the announcement of the application for registry of marks in the Diário do Govêrno, the observations resulting from the examination, provided for in Art. 4 of this decree, shall be published, clearly designating the reasons which shall determine, on the part of the Bureau, either the rejection, or the possible conditional delay of the application, or the non-prosecution of the matter. ONLY SECTION. During the period of three months, counted from the date of the notice of registry, those interested may proceed to the examination of what concerns par. 9 of Art. 85 of the Law of March 21, 1896, protesting against the allowance of said registry, if it shall be understood that it prejudices them, whereupon they shall present their claims within the term prescribed in Art. 90 of the Regulation of March 28, 1895. ART. 6. In case the applicant is not satisfied with the observations of the Bureau of Industrial Property, he may appeal to the Minister of Public Industry, presenting his appeal in said Bureau, which shall forward it to the General Directorate of Commerce and Industry, with the corresponding data, within a period of fifteen days, counting from the date of the respective appeal. ART. 7. Within the term, which cannot be adjourned, of three months, counting from the date of the publication in the Diário do Govêrno, of the observations, to which Art. 5 of this regulation refers, the party interested shall: (1) either fulfill the instructions of the Bureau of Industrial Property; (2) or appeal to the Minister of Public Industry in the terms of the preceding article. ART. 8. When the application has not given rise to any observations on the part of the Bureau of Industrial Property, or when the applicant has satisfied the observations of said Bureau, if they shall not have concerned modifications of the electrotype, or shall not have been claims of particularities against the registry requested, it shall be allowed without further examination, except that of the said Bureau verifying whether the mark is likely to be confounded, in connection with another mark already registered. SEC. 1. The modifications of the electrotype, as a result of the observations of the Bureau of Industrial Property, will result in the publication of the notice in the Diário do Govêrno for the opening of a new inquest, in order that those interested may oppose the registration, in case they conceive that the modified mark prejudices them. SEC. 2. On the expiry of the period of which the preceding article treats, if there be no opposition, the application, thus modified, shall be transferred without further observation to the Bureau of Industrial Property. SEC. 9. When the applicant, within the term fixed in Art. 7, shall not have fulfilled the indications of the Bureau of Industrial Property, or when his appeal to the Minister of Public Industry shall have been without avail, the registry of the mark shall be suspended, notice corresponding being published in the Diário do Governo. SEC. 1. Notice by letter shall be given to the signer of the application, with advices of the reception of the decision of suspension, to which this article refers. SEC. 2. The right of prosecuting the procedure of registration remains also to the interested party, when he requests it, with the option of appealing to the Tribunal of Commerce of Lisbon, if the said registration has been refused to him. ART. 10. The Chief Engineer of the Bureau of Industrial Property shall propose to the General Directorate of Commerce and Industry either a refusal or a modification of the mark offered for registry, when recognizing that the oppositions, according to the sole paragraph of Art. 5 of this are regularly entered. ART. II. The claims and oppositions shall be presented in duplicate. In this case one of the copies shall be attached to the files. the opposing party being advised by post card and by intermediary of the Diário do Governo, that he must go or send to receive the other copy, that the proper receipt shall be included with the copy filed with the suit. PAR. I. In order to formulate claims or oppositions, the defendant or plaintiff has the term of two months for replying, counted from the date of the publication of the notice of which this article treats. PAR. 2. If the claims or oppositions are not presented in duplicate, the Bureau of Industrial Property shall certify the authenticity of these documents when they shall have been clearly pointed out to it by the applicants. ART. 12. Allowances or rejections of registry shall continue to be published in the Diário do Govêrno, those interested being able to appeal to the Tribunal of Commerce at Lisbon, according to Art. 100 of the Regulation of March 28, 1895. ART. 13. The Bureau of Industrial Property also shall have published in the Diário do Govêrno the notices relative to all the papers which may be entered in the Bureau (claims, expirations, oppositions, applications for transfers, modifications, applications for certification, and others similar). ART. 14. All notices to which the present regulatory decree refers, shall be forwarded to the Bureau at Berne (International Bureau for the Protection of Industrial Property), when they treat of the registration of international marks, and to the resepctive official agent, when he may be represented or interested in it. ART. 15. All the periods fixed in this decree may be extended on request of the interested parties, when they justify their application properly. ONLY SECTION. Notices of these requests shall be given in the Diário do Governo, and advices to the opposing party when there be such. CHAPTER III. SERVICES OF PHOTOGRAPHY, PRINTING AND ORGANIZATIONS OF ALBUMS. ART. 16. All the indispensible personnel, artistic or clerical, for the administration of photographic services, printing, cutting and pasting of marks and portfolios, shall be, temporarily, engaged in harmony with the needs and development of the service in that Bureau, the expense, incurred with the personnel engaged, having to be paid by the piece, set aside for this purpose in the extension of the annual expenses under the legend “Expenses of the Probable Service of Industrial Property," Chap. IV, Art. 6, of the budget of the Ministry of Public Works in the current fiscal year, and in future years by the piece, that, for analogous ends is prescribed in the budget of that Ministry. CHAPTER IV. SUBSCRIPTIONs and Sale of PUBLICATIONS IN THE BUREAU OF INDUSTRIAL PROPERTY. ART. 17. The Boletim da Propriedade Industrial, whose text continues being furnished by the respective Bureau, is made a weekly supplement of the Diário do Governo, and in it publicity will be given, not only to the documents and notices. that are now inserted in that publication, but also to all those which the present decree determines. SEC. 1. The format of the Boletim da Propriedade Industrial, until the conclusion of the text of the present year, shall continue the same as it is now. SEC. 2. The Boletim da Propriedade Industrial will have its own and continuous pagination, indices, title page and, when it shall contain announcements of particular interest, capable of producing orders for the same publication, it shall be provided with covers. SEC. 3. The present subscribers of the Boletim da Propriedade Industrial shall continue receiving it, not monthly, but weekly. SEC. 4. The annual subscription of the Boletim da Propriedade Industrial shall be regulated by the following table: ART. 18. The other publications relating to matters of industrial property, shall be sold according to the following table: Legislation Concerning Industrial Property. Edition of 1897... Industrial Property (Decree, with force of law, of Dec. 15, 1894 and Regulation of March 28, 1895)....... 0$24 0$20 Patents of Introduction of New Industries and New Industrial Processes (Decree, with force of law, of Sept. 30, 1892, June 14, 1901, and Regulation of June 19, 19101)..... 0$05 Protection of Patents of Invention and Trade and Commercial Marks in the Colonies (Decree of Dec. 17, 1903 and April 21, 1904)........0$05 Regulatory Arrangements for the Service of Industrial Property (approved by Decree of March 16, 1905).... ..0$05 General Instructions Concerning the Manner of Filing Applications.... o$20 ART. 19. The payments in regard to the sale and subscription of the publications mentioned in the preceding articles shall be entered in stub books, corresponding to the model appended to this decree SEC. 1. The sums of the sales and subscriptions referred to shall be paid by means of revenue stamps, which shall be attached to the corresponding stub of the receipt, which is given to the interested party, cancelled in the terms prescribed in Art. 3 of the Decree of June 30, 1911. SEC. 2. For subscriptions outside of Lisbon, the Bureau of Industrial Property shall require the amount in registered letter, with the revenue stamp corresponding to the amount of the purchase or subscription to be paid, and it is attached to the stub of the receipt which is sent to the interested party, after having, in the terms of the preceding paragraph, cancelled the said stamp. The President of the Ministry of Finances, and the Ministers of the Interior and of Public Industry have also considered and agree. Given in the Government House, and published Jan. 10, 1914. ALFONSO COSTA, · RODRIGO JOSÉ RODRIGUES, (Diário de Govêrno, Jan. 10, 1914.) Editor's Note. The "General Rules" referred to in Arts. I and 2 of the preceding Decree as being an integral part of the above, besides the Regulations concerning Trade-Marks, of the same date-Jan. 10, 1914-are with slight modifications, the following: (A) General Regulatory Instructions (Patents) of March 16, 1905, Arts. 1-14 and 24 (Art. 11, § 3 being superseded by the Regulation of June 30, 1911, the text of which appears in 12 P. & T. M. Rev., 103); Regulations of April 21, 1904 (Patents and Trade-Marks-Portugese Colonies and Timor), (modified by Art. 1 of Decree No. 44 of June 16, 1913), Arts. 1, 2, 4, 5, 6 and 10, 11, 12, 13 and 24. See 2 P. & T. M. Rev., 854; (B) Regulation of March 16, 1905 (Trade and Commercial Marks, Arts. 15, 16, 17, 19, 20, 21 and 22 (No. 2 of Art. 22 being superseded by Decree of June 30, 1911, the text of which appears in 12 P. & T. M. Rev., 103), 23 (b of Art. 23 being likewise superseded by Decree of June 30, 1911), 24 and 26; (C) Regulation of March 28, 1895 (International Marks), Arts. 120 and 125; Regulation of March 28, 1895 (Trade and Commercial Names), Arts. (D) Law of May 21, 1896 (Recompenses), Arts. 138 to 142, 145 and 146; Regulation of March 28, 1895 (Recompenses), Arts. 171 to 175, 180 to 186, 195, 196 and 202; (E) Law of May 21, 1896 (Manufacturers' Designs and Models), Arts. 158 to 161, 171 to 174 and 181; Regulation of March 28, 1895 (Manufacturers' Designs and Models), Decree of March 16, 1905 (Manufacturers' Designs and Models), Art. Regulation of March 28, 1895 (Designs and Models), Table III; (F) Law of May 21, 1896 (Designs, Models, Patents and Trade-MarksGeneral Instructions), Arts. 220, 221, 223, 225 and 232; Regulation of March 28, 1895 (Designs, Models, Patents and Trade- 307; (G) Ministerial Dispatch of Oct. 16, 1904 (Boletim da Propriedade Industrial); (H) Regulation of June 19, 1901 (Patents of Introduction of New Industries and New Industrial Processes), Arts. I to 5 (Art. 5 lacking §§ 4 and 5, 7, 10, §§ 2, 3 and 4 of Art. 13, 14 (§§ 1, 2, 4 and 5 only), 22 (all after I lacking), 23 and 24 (§ 1 lacking), 25, 28, 30 (§ I lacking) and 32 (8 I lacking); and (1) Decree of June 30, 1911 (Designs, Models, Patents, Trade-Marks, etc.— Taxes), Arts. 1, 2, 6 and Table (see 12 P. & T. M. Rev., 103). In succeeding issues of the Review, translations of such of the above as have not appeared in the pages of this publication, will be published. |