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. Eleven Volumes of the Review have been completed, the first beginning with October, 1902, and each subsequent volume with the October issue of the next succeeding year. Volumes 1 to 10 were paged continuously, but in the new series beginning with Volume 11 each volume will be paged independently. Back volumes may be obtained separately or as a set until exhausted. PRICES: Yearly subscription, $2.00; single Copies 25 cents. Per volume, with index, unbound, $2.00; bound in cloth, $2.75; bound in sheep, $3.00. Per set of 10 volumes, with indices; unbound, $15.00; bound in cloth, $22.50; bound in sheep, $25.00. (Expressage prepaid throughout the United States) ADVERTISING RATES ON APPLICATION WHILE THE UTMOST CARE IS TAKEN TO INSURE ACCURACY IN THE MATTER THAT APPEARS IN THE REVIEW, NO RESPONSIBILITY IS ASSUMED ON ACCOUNT MAY OCCUR THEREIN. OF ERRORS OR INACCURACIES WHICH Siam. Trade-Marks. Proposed Law. The report is current that the proposed new trade-mark law-based on the English law-noted in 12 P. & T. M. Rev., 67, will become effective on Oct. 1, next. Japan. Trade-Marks. Power of Attorney Under the New Law. Caswell & Co. v. Kobayashi Kiju. Appeal to Court of Cassation. Decision. From The Japanese Chronicle, of May 9, and The China Press, of May 21, we glean that the case of Caswell & Co. v. Kobayashi Kiju, decided in favor of the plaintiff (see P. & T. M. Rev., 9, 68, 102, 131), was brought before the Court of Cassation at Tokyo on appeal, where, on May 4, 1914, judgment was affirmed, with costs on appellant. International Association for the Protection of Industrial Property. Eighteenth Congress. Berne, Sept. 6-9, 1914. Announcement. Announcements have been sent out for the Eighteenth Congress of the International Association for the Protection of Industrial Property to be held at Berne, Sept. 6-9, 1914. Every arrangement has been made for the entertainment of visiting members and ladies. A reception of the members of the Congress will be held on Sept. 6, at the Casino du Schänzli; on the seventh Mr. D. Coppieters will read a paper on "The International Registration of Designs and Models"; on the eighth the question will be discussed: “Can the right of priority be based only on the first application, or upon any subsequent application?", and papers on "Legal Successors" by the Rapporteur General, Mr. George Maillard, and Messrs. Kloeppel and Mintz. Between times banquets, excursions and other diversions have been provided to heighten the pleasure of the occasion. Information is received from The Anglo-American Patent Agency at Cairo, that during the month of April, the Mixed Courts of Cairo (see P. & T. M. Rev., 132) rendered two important decisions as follows: I. Felix Bisleri, Manufacturer, Milan, Italy, v. Arab Merchants. Infringement of mark and adulteration of the liquor named Ferro China Bisleri. Plaintiff awarded £250 damages, and publication of the decision in four newspapers. II. Austrian Furniture Company, of Vienna, Austria, v. Greek & Arab Merchants. Infringement of mark and falsification of signature. Plaintiff awarded £3,000 damages, destruction of the marks, confiscation of the forged goods, and publication of the judgment at defendants' cost in six newspapers-four local and two foreign. As the number of infringements is considerably, increasing, it is reported that the Judicial Adviser for the Ministry of Justice is studying the question of establishing a trade-mark law in order to fully protect the interests of foreign traders. Such a law, however, will doubtless be a matter of the distant future. Portugal. Trade-Marks. International. General Regulatory Rules (Decree No. 269) of March 16, 1914. (Translation) B. Registration of Marks Internationally.* (Extract from the Regulation of March 28, 1895.) Art. 120. Every person, firm, or society with domicile or seat in Portugal and its dominions, or possessing here an industrial, agricultural or commercial establishment, owner of a mark registered in the terms of the present regulation, that claims the benefit of protection in the States that adhere or shall adhere to the Convention of April 14, 1891, relative to the international registration of marks, shall deliver or send by post, registered, to the Bureau of Industrial Property, the following documents: 1. Application, in duplicate, according to model T (omitted for lack of space. Ed.), written in the French or Portugese language, signed by the owner of the mark or by his attorney, with indication of his address, of his profession, and of the products for which the mark is intended, as well as of the number of the registration in Portugal; 2. Three copies of the mark to be registered, pasted on white paper, which same shall not occupy a space that exceeds, in any direction, a rectangle with 80 millimeters of height by 100 millimeters of width; 3. A printing block of copper, or any material suitable for printing with ordinary printing type. This block, which is intended to be reproduced typographically in the publication of the International Bureau, shall not have in any of its surface dimensions less than 15 millimeters nor more than 100 millimeters, and shall have 24 millimeters of thickness, thus corresponding to the height of typographic characters; 4. A cheque or letter of exchange of the value of 100 francs to the order of the International Bureau of Berne (Note: When there is registered more than one mark in favor of the same owner, only the first pays 100 francs. The rest, when the registry is applied for at the same time, are taxed at 50 francs each According to No. 2 of the conditions of the regular registration in the "International Bureau"); 5. Payment of the tax of 4.82 escudos (See decree of June 30, 1911, 12 P. & T. M. Rev., 103); 6. Power of attorney conferred on the person that signs the application, when this is not signed by him that applies for registration. Sec. I. notary. The applications shall have their signature acknowledged by a * See 12 P. & T. M. Rev., 202 ff., especially "note," p. 206. Ed. Sec. 3. Applications that do not come with the required documents shall receive no attention. Sec. 4. When the petitions cannot receive attention, the party interested shall be advised, but the amount deposited is not returned. Sec. 5. The block shall represent the mark registered in Portugal in its smallest details. Art. 124. The international protection of marks shall last for twenty years, subject to renewal for equal periods. Only section. Renewals shall be made by means of an application, and are subject to the same charges. and formalities, with the exception of the sending of the printing block. Art. 125. In case of the transfer of ownership of the mark, the Bureau of Industrial Property shall give due notice to the International Bureau of Berne, collecting for this the fee of 2$15. (From Diário do Governo, Jan. 10, 1914.) Spain. Industrial Property. Proposed Changes in the Law. The Spanish Association of Agents in affairs of industrial property, whose official character has been recognized by the Order of May 12, 1909, and of which Mr. Francisco Elzaburu is now the president, has just published its Annual Report for 1913, prepared by Mr. Eduardo Morales Diaz. The Revista de los Tribunales y de Legislación universal, of Madrid, extracts from this report the interesting information that follows: The essential task fulfilled in 1913 by the Association was its intelligent collaboration in the proposed reform of legislation in the matter of industrial property; the former project, published in the Gaceta, was the subject of a serious study, that has resulted in the drawing up of a project of law for all branches, which the Association has presented at an opportune time to the General Directorate of Com merce. The principal modifications proposed tend to essentially secure: I. A detailed regulation of all that concerns the working of patented inventions; there is to be introduced the system of obligatory licences for working, after having suppressed, among the causes that permit the pronouncing of forfeiture, by the Office, of a patent, that based on the default of working, this cause of forfeiture being incompatible with the system of the obligatory license; II. A greater precision in the prescriptions that regulate oppositions made against the rights of the possessors of titles of industrial property; III. The attribution to the Director General of Commerce of a certain autonomy for the solution of matters that are submitted to him; the purpose of this proposition is to render possible an appeal to the Ministry of Public Industry against decisions rendered by the Director General; this appeal has been excluded up to the present, for the reason that the Director General was acting by virtue of powers delegated by the Ministry of Public Industry; IV. To make the sharpest distinction between the commercial name and the sign of an establishment or a commercial house. In whatever concerns the structure of the law, the committee of the Association considers that it would be more practical to first establish the fundamental principles upon which the law rests, and to declare, the one depending on the other, all the precepts that regulate the normal life of each of the branches of industrial property; these matters to be treated in the following order: patents, models, designs, trade-marks, commercial names and industrial recompenses, and in the last instance there would be regulated all that concerns unfair, competition, false indications of origin, temporary protection, and the organization of the Office. The Association believes that the classification answers much better to the unity and to the logic which ought to preside over each legislative matter than that which consists in mixing up the precepts, passing from patents to trademarks, to be then occupied with the procedure relative to the delivery of patents, then with formalities for the registration of marks, and repeating finally the same manner of acting regarding commercial names and industrial recompenses. The Office of Industrial Property has done the Association the honor of asking its advice on the question of knowing whether applicants for marks registered in a country not in treaty with Spain, and whose connections with Spain are regulated by the principle of reciprocity, are obliged or not to present the certificate of origin of the mark, when they apply for registry in Spain. The Association at first studied the old legislation, which permitted to affirm that this presentation was not required; then, by examining the precepts actually in force, it arrived at the contrary conclusion; the principle of reciprocity established in the Spanish law is to be considered as being applied only to the registry of marks in favor of those of the foreigners whose countries protect Spainards as well; but in no case can this principle be applied to the formalities of procedure that are of public order. By not requiring the fulfillment of these formalities, there would be applied a less favorable treatment to those belonging to the states of the Union, and to those that have concluded treaties with Spain for the reciprocal protection of industrial property, since these latter are required to join a certificate of origin to the marks whose introduction they demand in Spain. Furthermore, if we hold to the letter and spirit of our law, the foreigner cannot demand in Spain more than the protection that he actually possesses; in no case can he claim the protection of new marks, as yet not registered in the country of origin. In order, however, to establish the possession which he invokes, he must present a document that proves it, and this can only be the certificate of registry. The Association expresses in advance its thanks to those that have communicated to it such observations as their professional practice might suggest to them, as to the defects that should be eliminated from the law. (Translation from La Propriété Industrielle, May 31, 1914.) New Zealand. Trade-Marks. Infringement. Decision. IN THE SUPREME COURT OF NEW ZEALAND-WELLINGTON DISTRICT. NISI PRIUS. SCHWEPPES LIMITED V. THOMPSON, LEWIS AND CO. Before Mr. Justice Sim, 1st and 8th August, 1913. Trade-Mark-Action for infringement.-Failure to maintain.-Patents, Designs, and Trade-Marks Act, 1911. |