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SWITZERLAND-SPAIN SOUTH AFRICA-TURKEY-BRAZIL

tion, and relating to Federal law of March 30, 1900, having reference to industrial designs and models. The amended law was passed in order to conform with the provisions as to right of priority in applications for patent, designs and models, filed under the Convention. A translation will appear in a later number of the Review.

Spain.

Trade-Marks. Applications. International Union.

Legalizations.

We are advised by Mr. Francisco Elzaburn of Madrid that the Spanish Patent Office, in pursuance of the agreement reached at the Washington Conference, has decided to dispense with all notarial and consular legalization of the official certificates of home registration used in connection with Trade-Mark applications in Spain, when the applicants belong to States forming part of the International Union.

Official certificates from the aforesaid countries will therefore in future be accepted unlegalized.

South Africa.

SOUTHERN RHODESIA. BASUTOLAND. BECHUANALAND PROTECTORATE.

Copyright. Proclamations No. 12 to 19 of 1914.

SWAZILAND

Messrs. C. & R. Ovendale of Johannesburg favor us with official copies of Proclamations No. 12 to 19, effective from their publication April 28, 1914 — in the Official Gazette for the High Commissioner of South Africa, governing the operation in Southern Rhodesia, Basutoland, Bechuanaland Protectorate, and Swaziland of the Copyright Act 1911, for which see 10 P. & T. M. Rev., 3858, Due to our limited space we are unable to give the texts of the several proclamations.

Industrial Property.

Turkey.

Documents. Fees. Order Effective March 14, 1914.

In pursuance of an order of the Imperial Ottoman Government, the consular fees for one year from March 14, 1914, will be doubled. Legal and other documents for use in Turkey must be in the Turkish language and if unaccompanied by a Turkish translation at the time of legalization at an Ottoman Consulate, they are, on presentation in Turkey, referred back for translation and verification. In order that unnecessary delay in Turkey may be avoided, a Turkish translation should therefore accompany every document presented to the Consulate for legalization. It should be noted, however, that certificates of origin or other documents for presentation to the Turkish Customs authorities, need not be accompanied by a translation. (From Exporters' Review, April, 1914.)

Brazil.

Patents. Working. Extension of Time. Edict of April 21, 1914.

Messrs. Leclerc & Company, of Rio De Janeiro, have communicated to us the following notice, published in the “Diario Oficial" of April 21, 1914:

"Be it known that the Minister of Agriculture, Industry and Commerce has resolved to extend for six months more the term mentioned in the notice of October 21, 1913, for the filing of the probatory documents of the working of patents, under penalty of revocation of the same, in accordance with Art. 5, Sec. 2, Nos. 1, 2 and 3 of the Law 3129 of October 14, 1882, in combination with Art. 59 of the regulation approved by decree No. 8820 of December 30, of the same year.

General Directorate of Industry and Commerce of the Ministry of
Agriculture, Industry and Commerce, April 20, 1914.

The Director: GONCALO MARINHO.

NOTE. For text and comments on regulation referred to, see 12 P. & T. M. Rev., 76.

Trade-Marks.

The Value of a Trade-Mark.

The following editorial appearing in The Evening Sun, New York, on June 12, 1914, is indicative of the increasing estimation in which trade-marks are held, and their importance as an element of good will:

"A suit for infringement now pending in the courts involves an estimate of the money value of a trade-mark used by a particular brand of chewing gum, The suit is for damages of more than $50,000 caused by alleged imitation of a wrapper, and the full value of the trade-mark as fixed by its owner is the great sum of $7,000,000.

"Obviously such values are created by the myriad public which chews the gum, and this unnumbered army of gum-chewers is recruited and maintained by such reiteration in advertising as creates a demand which is only measurably influenced by the quality, however good, of the manufactured product. The manufacturer who can "get 'em going" for his own particular label has started a marvellous snowball rolling down hill.

"The pinnacles of a towering building erected on the foundation of a chain of stores selling only articles priced at 5 and 10 cents is a significant object lesson in the value of the many mickles which make the muckle. The seller who is able to supply such a demand, where the buyers consist of practically the overwhelming majority in the whole population, has acquired the touch of King MIDAS. The very mechanical details of his business amount to a work engrossing in complexity, but the headway of the business does not depend so much upon the proprietor as upon the public which has formed a habit of going to a shop named by one particular name, or of chewing gum known by one particular label, and it takes extraordinary efforts to divert the current of demand into antoher channel of supply. That even this is occasionally done shows the immeasurable influence of tireless advertising, constant pounding with a single word upon the negligent attention of a public which responds, finally, as in a hypnotic state, to the reiterated drone."

Peru.

Trade-Marks. Regulations. Decree of Feb. 1, 1913.

(Translation.)
DECREE

Authorizing the Ministry of Public Industry to Grant Protection to Certain Trade-Marks.

(Feb. 1, 1913.)

The President of the Republic,

Considering:

That the guarantee of industrial property has been duly affirmed by the laws and supplementary regulations that are now in force, and that it is necessary to facilitate as much as possible the registry of marks by amplifying the procedure;

That neither the law nor any consideration of a legal or administrative nature requires the authorization of the government for the guarantee of the rights of industrial property, save when objections are raised against their registry;

For these reasons,

Decrees:

The guarantee of trade-marks shall be conferred by the Minister of Public Industry (Public Works and Development) in every case in which no objection shall have been raised against the registry of the marks.

Let it be communicated, recorded and published.
Rubric of His Excellency,

(Signed) MALAGA SANTOLALLA.

(From La Propriété Industrielle, March 31, 1914.)

Trade-Marks. Applications. Opposition. Order of Feb. 28, 1913.

(Translation.)
ORDER

Concerning the Prolongation of the Term for Opposition against the Registry of Trade-Marks.

(Feb. 28, 1914.).

The term of ninety days fixed in Art. 1 of the Decree of July 12, 1912 (see II P. & T. M. Rev., 39) intended to prevent the fraudulent appropriation of trade-marks, being found insufficient, we order as follows:

Those opposed to the registry of the marks, to which the Decree of July 12, 1912, applies, shall have a term of four months to make good their opposition in the name of their clients. (From La Propriété Industrielle, Mar. 31, 1914.)

Italy.

Patents. Regulations. Effective Feb. 7, 1914. Important Alterations.

Regarding the new Italian patent regulations, effective Feb. 7, 1914, the text of which, with instructions, appeared in 12 P. & T. M. Rev., 175, 208 and 233, we believe it of value to call attention to certain of the important provisions dif

fering from the practice previously followed. Quoting from Messrs. Svend H. Salomon & C. di Ing. Oscar Pümpel of Milano:

"The most important alteration relates to applications for patents with claims to priority. Hitherto the declaration respecting priority in connection with applications for Italian patents has only been intended to make mention in the patent to be issued of the reserve to rights of priority, whilst according to the new regulations the declaration respecting priority is a necessary condition for validating the rights of priority claimed, and the said declaration is to be made simultaneously with the application or to be filed separately later, but in any case before the patent is issued.

Hitherto it has been sufficient to file with the declaration of priority a simple official certificate of the first effected application with the name of the inventor, the title of the invention and the date of the application. The new regulations, however, require that in cases where priority is claimed the said crtificate shall be accompanied by an officially certified copy of the specification and of the drawings belonging to the first application, for which priority is claimed, in order that it may be ascertained whether the contents of the two corresponding applications are in agreement one with the other. Obviously, printed specifications may also serve as documents of priority, and the Ministery, if considering necessary, calls for a translation into Italian.

A further provision of the new regulations is that a patent specification must end with a short recapitulation either in the form of claims or in the form of résumé, this not having been previously obligatory.

Finally the new regulations provide for a change in connection with the payment of taxes, viz., that annuities that may fall due before the respective patent has been granted may be paid within three months from the grant of the patent."

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Through the courtesy of Mr. W. A. De Havilland of Tokyo we give the following résumé of a recent phase of Japanese Trade-Mark practice:

The Japanese Patent Office has lately adopted a new practice in regard to marks registered as "Foreign" Trade-Marks, a practice which does not seem very satisfactory.

The Law states in Art. VIII that a Trade-Mark for which registration is obtained as a registered Trade-Mark of a foreign country expires with the Trade-Mark right in the original country. The previous practice of the Japanese officials required the Japanese registration to be renewed when the registration in the foreign country expired. Lately, however, the officials advise that this is not necessary, saying that the registration in Japan continues in force for twenty years from the date of registration provided that the mark is renewed in the original country, and it is stated that no proof is required to show whether the mark is or is not renewed in the foreign country; (but in some instances the officials have accepted a certificate of renewal in the home country and have given an acknowledgment for it). Such registrations are then considered valid for twenty years from the date of the original registration, and at the end of that period must be renewed in the ordinary manner.

In regard to new marks filed as Foreign marks, the Japanese Office no longer

endorses them as expiring with the foreign mark, the certificate thus being good

for twenty years.

It would seem that this present practice is rather dangerous and likely to lead to confusion in two ways. In the first place, a man who owns a certificate of registration of a Trade-Mark, which bears an endorsement to the effect that it expires on such a date, is told that he can not get the mark nor get any endorsement upon his certificate, but that the registration is good for a further number of years without any such endorsement. Naturally, owners feel a little doubtful about the matter, and 'should someone infringe the Trade-Mark and the case come into a Court of Law, it is very likely that there would be trouble. Again, in the case of a person who files application for a Foreign Trade-Mark now and gets a certificate good for twenty years, and yet fails to get renewal of the mark in the original country, if the case comes into the Law Courts, who is to go to the expense and trouble of proving that this registration certificate, which on the face of it is good for twenty years, is really worthless because the mark has not been renewed in the foreign country?

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The following news account appeared in The New York Times, May 10, 1914 and will have an interest for those that remember Barnum's famous saying:

PARIS PATENT SWINDLERS.

More "Get-Rich-Quick" Concerns Lure Humble Citizens.

Paris, May 1.-French "get-rich-quick" concerns like the Rochette swindle have usually operated among wealthy and otherwise intelligent persons. Police surveillance is such here that the rogue, who has designs upon the purses of humble citizens, hardly ever succeeds for any length of time. However, there are exceptions.

A few weeks ago an agency conducting a fraudulent patent business in the Boulevard Poissonière, known as the “Glückhaus," or House of Good Luck, was closed by the police and the operators arrested. Two of the operators, however, escaped and set up business for themselves, calling their new enterprise the "Napolate." The bait they sent out to catch victims at once caught the attention of M. Darru, the Commissary of Police, who had handled the "Glückhaus" affair. The bait was in the form of a pamphlet entitled "The Way to Fortune." It appealed to the reader to cudgel his brains for some simple and useful invention.

"Why shouldn't you," it suggested, "make your fortune by discovering, for instance, a machine for plucking fowls, or a way of avoiding false notes in wind instruments, or one of extracting perfumes from asparagus, or something to make gouty people good tempered?" and so on. And soon, grotesque as this pamphlet was, it managed to attract over 200 inventors-always a sanguine set.

When a client explained his invention for extracting the perfume from asparagus, or soothing the savage toes of gouty colonels, he was assured that it was bound to make his fortune, and advised to take out a patent. Naturally, there was a small deposit to be made. The patent taken out, the "Napolate" arranged to float a company for him. Hence a second and more serious deposit. After that nothing happened.

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