Index to Volume XI. An index has been prepared for the eleventh volume of the Review. A copy will be mailed with this issue to each subscriber. Egypt. Trade-Marks. Alphabetical List of Protected Marks. Order of the President of the Court of Appeals at Alexandria, effective June I, 1913. In order to enable interested parties to ascertain in future whether a mark has been protected or not, the President of the Court of Appeals decrees that commencing from June 1, 1913, trade-marks shall be recorded alphabetically in the register which shall be kept on file at the Mixed Court and be at the disposal of interested parties for the purpose of inspection. (Translation from Oesterreichisches Patentblatt, 1913, p. 1012.) International Congress of Chambers of Com. merce and Merchants and Industrial Associations. Announcement of Next Meeting. The Committee of the International Congress of Chambers of Commerce and Merchants and Industrial Associations held a meeting in Brussels on May 5, 1913, and decided that the next session of the Congress shall be held in Paris, June, 1914. The subject-matter under discission related to the "Advisability of an International practice directed against unfair trade on the lines laid down in British, German and Danish legislation." (Translation from Oesterreichisches Patentblatt, 1913, p. 1012.) India. Patents. Amendment. Documents. THE PATENT OFFICE. Instructions and Warning Respecting Papers Returned for Amendment. Attention is directed to the following extract from the rules:— When the specification, or any drawing accompanying it, is defective and requires amendment, one copy shall be returned to the applicant or his agent and all alterations shall be made thereon as far as possible. Additional matter may be interpolated if necessary by re-writing such pages as are required to form a continuous document. Amendments shall not be made by slips pasted on, or as footnotes, or by writing in the margin. The amended documents shall be returned to the Controller together with the cancelled pages or drawings, if any, and with a duplicate of any pages or drawings that have been amended or added. Amendments, alterations or additions shall be initialled by the applicant or his agent. No amendments, alterations or additions shall be made in a document returned for amendment beyond those necessary to comply with the requirements of the Controller. WARNING is given that the application will become void under section 5 (4) of the Act unless the requirements in the accompanying letter are satisfactorily complied with and the papers returned to the office in sufficient time to allow of re-examination. Section 5 (4) of the Act is as follows: Unless an application is accepted within twelve months from the date of the application, the application shall (except where an appeal has been lodged) become void: Provided that where an application is made for an extension of time for the acceptance of an application the Controller shall, on payment of the prescribed fee, grant an extension of time to the extent applied for but not exceeding three months. Letters should be addressed as follows: CONTROLLER OF PATENTS, 1, Council House Street, Calcutta. Portugal. Patents. Trade-Marks. Official Circular, March 29, 1913. We are now able to amplify the reference, made in the P. & T. M. Rev., XI, 325, to the Official Circular of March 29, 1913. The case was one primarily depending on priority; but, by force of circumstances, this application for a patent was made at seven minutes past three, p. m., March 27, 1913. The Rule of September 4, 1912, provides that no document be received or delivered after three o'oclock; and the application was ordered to stand over until the following day, on which, the period for claiming priority under the Convention having expired, rejection was ordered. The petitioner, however, appealed on the ground of force majeure, which was allowed by His Excellency, the Director General, on account of the unusual circumstances, "but with absolute prohibition of the case being repeated." Australian Commonwealth. Trade-Marks Act, 1905-1912, to Extend to Papua. Australia to-wit. PROCLAMATION. By His Excellency the Right Honorable Thomas, Baron Denman, a Member of His Majesty's Most Honorable Privy Council, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Royal Victorian Order, Governor-General and Commander-in-Chief of the Commonwealth of Australia. WHEREAS: By the Trade-Marks Act, 1905-1912, it is enacted that on and after a date to be fixed by proclamation that Act shall apply to the Territory of Papua as if that Territory were part of the Commonwealth : Now therefore I, Thomas, Baron Denman, the Governor-General aforesaid, acting with the advice of the Federal Executive Council, do hereby fix the first day of September, 1913, as the day on and after which the said Act shall apply to the Territory of Papua. Given under my Hand and the Seal of the Commonwealth this thirteenth day of August, One thousand nine hundred and thirteen, and in the fourth year of His Majesty's reign. (L. S.) Australia to-wit. By His Excellency's Command, God Save The King! W. H. IRVINE. Australian Commonwealth. PROCLAMATION. By His Excellency the Right Honorable Thomas, Baron Denman, a Member of His Majesty's Most Honorable Privy Council, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Royal Victorian Order, Governor-General and Commander-in-Chief of the Commonwealth of Australia. WHEREAS: By the Designs Act, 1906-1912, it is enacted that on and after a date to be fixed by proclamation that Act shall apply to the Territory of Papua as if that Territory were part of the Commonwealth, and no application for the registration of a design under any law for the registration of designs (other than that Act) applying to that Territory shall be receivable, except pursuant to some right previously acquired: Now therefore I, Thomas, Baron Denman, the Governor-General aforesaid, acting with the advice of the Federal Executive Council, do hereby fix the first day of September, 1913, as the day on and after which the said Act shall apply to the Territory of Papua. Given under my Hand and the Seal of the Commonwealth this thirteenth day of August, One thousand nine hundred and thirteen, and in the fourth year of His Majesty's reign. (L. S.) By His Excellency's Command, God Save The King! W. H. IRVINE. Great Britain. Patents and Designs Act, 1907. PROCEDURE UNDER SECTION 7. Order of the Comptroller, Nov. 16, 1909. In the earlier working of the Patents Act it was thought convenient not to insist too stringently upon a strict observance of Patents Rules 30 and 31. It has been found, however, in practice that this has occasioned increasing work to the Patent Office by the multiplication of correspondence, and other communications, and has tended to delay the progress of cases. As a consequence, it has been found impossible to cope with the extra work entailed under the present procedure, and, in carrying out the Rules, the following Office practice will therefore in future be adopted on and after December Ist: (1) Rule 30 must be complied with, but where good cause is shown, time will be allowed-e. g., when the applicant is abroad or the complexity of the case requires it. (2) The interviews and correspondence between Examiner and applicant will be restricted as far as possible to the absolute necessities of the case and will aim at bringing to a clear issue at the earliest possible date the differences between the applicant and the Examiner. A time limit will be imposed wherever practicable in accordance with the circumstances and complexity of the case. (3) No hearing will be appointed unless there is a direct issue between the Examiner and the applicant, or unless the applicant fails to submit amendments or make a real endeavor to avoid the citations within the time limited. When the issues are defined or when agreement is clearly impossible, notice of a hearing for a future date will at once be given. (4) If the applicant desires any amendments to be considered at the hearing, other than those which he has submitted to the Examiner under Rule 30, such amendments should be submitted seven days at least before the date of the hearing. (5) At the hearing, whether attended or not by the applicant, the Comptroller may, as an alternative to the insertion of references, prescribe amendments which will be to his satisfaction under section 7, sub-section (4), and in such case the applicant must elect within such time as may be fixed by the Comptroller whether he agrees to the prescribed amendments or to the insertion of a reference. If no communication is received within the time prescribed, the references will be inserted. In cases requiring special treatment a limited time may be allowed for the precise form of amendment to be settled, and the hearing adjourned, if necessary. (6) As far as possible all questions between Examiner and applicant will be decided at the hearing and except as indicated herein, no further opportunity of amendment will be allowed to the applicant and the specification will only be accepted with the amendments or reference prescribed in the Comptroller's decision. (7) If after the decision has been given or the applicant has made his election under Paragraph 5 the applicant desires to amend he must make a special application for that purpose to the Comptroller and for this purpose Form 17, having a 30/-stamp may be used. If the amendments suggested are satisfactory to the Comptroller a statutory reference may be removed. Dated this 16th day of November, 1909. W. TEMPLE FRANKS, Salvador. Trade-Marks. Law of June 30, 1913. (Translation.) LEGISLATIVE POWER. The National Assembly of the Republic of Salvador, Considering: that the present tariff for the registry of trade-marks does not provide adequate remuneration for the excessive labor occasioned by the numerous requests presented to the Patent Office for registry; also that the greater number of these requests are from factories established abroad, those of the country being few in number; and besides that it is neither just nor equatative that the small or few factories of the country should pay the same fee that is paid by the large factories abroad, to the consequent detriment of the national industries, it is proper and the time has now come, to protect the interests of the home industries in view of the exclusive privilege which our trade-mark law now in force concedes to those who register their trade-marks, as well as to compensate for the double work occasioned the office charged with this duty; Therefore, in the exercise of the faculties which the Constitution confers upon it, having considered the opinion of the Supreme Court of Justice, decrees: Art. 1. To add to article 15, after the words: "and a certification of the solicitud" the words: "on stamped paper costing five pesos." Art. 2. To add to article 33 the following sentence: "For any other certification that is issued in addition to those referred to in articles 15 and 27, there shall be paid in fiscal stamps a fee of five pesos." Art. 3. To substitute the word "twenty-five" for the word "ten" in article 34. Art. 4. Article 35 is amended as follows: "The fees for the registry of each trade-mark are: for the foreign, ten pesos; for the domestic, five pesos; in addition thereto they will pay an annual impost of five pesos for the foreign and two pesos for the domestic for each trade-mark registered and for the period of duration of the privilege which has been granted. The receipts issued by the General Treasury for the payment of the annual imposts shall be presented to the Patent Office every five years; if the said receipts are not presented the office will revoke the privilege. "For the registry of the trade-mark transfer in the proper books, in accordance with article 8, the person interested shall pay the same fees as noted in the first part of the section next preceding." Art. 5. Article 36 is amended as follows: "If the certifications mentioned in articles 33 and 34 are printed on ordinary paper, there must be affixed thereto a fiscal stamp for the total value of the fees equal to the value of the stamped paper, in accordance with this law." "Whenever a stamp is used it must be canceled with the seal of the Patent Office." Art. 6. The present decree will have the force of law from the date of its publication. Given in the Chamber of Sessions of the Legislative Power National Palace, San Salvador, on the 19th day of June, nineteen hundred and thirteen. JOAQUIN BONILLA, Secretary of State in the Offices Gobernacion, Fomento and Beneficencia. (Translation from The Official Gazette of the U. S. Patent Office, Oct. 7, SAMUEL LUNA. 1913.) |