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REPORT TO ACCOMPANY S. 4667, SEVENTY-FOURTH

CONGRESS, SECOND SESSION 74TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session

No. 2961

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USE OF THE COAT OF ARMS OF THE SWISS

CONFEDERATION

JUNE 8, 1936.—Referred to the House Calendar and ordered to be printed

Mr. Bloom, from the Committee on Foreign Affairs, submitted the

following

REPORT

[To accompany S. 4667)

The Committee on Foreign Affairs, to whom was referred the bill (S. 4667) to prohibit the commercial use of the coat of arms of the Swiss Confederation pursuant to the obligations of the Government of the United States under article 28 of the Red Cross Convention signed at Geneva July 27, 1929, having considered the same, submit the following report thereon with tbe recommendation that it do pass.

For the information of the House, there is appended hereto and made a part of this report, the message of the President of the United States, dated May 18, 1936, and a report addressed to the President by the Secretary of State, dated May 14, 1936 (H. Doc. No. 494, 74th Cong., 1st sess.) which message and report are respectively as follows:

THE WHITE HOUSE.

May 18, 1936 To the Congress of the United States.

I transmit a report from the Secretary of State in regard to the obligation oi this Government, under the Red Cross Convention of 1929, to take such measures as may be necessary to prohibit the commercial use in the United States of the coat of arms of the Swiss Confederation.

I recommend that, as proposed by the Secretary of State, the necessary legis lation be enacted to fulfill the treaty obligation mentioned. A draft bill which is believed to be suitable for this purpose accompanies the Secretary's report.

FRANKLIN D. ROOSEVELT.

DEPARTMENT OF STATE,

Washington, May 14, 1936. The PRESIDENT:

By the provisions of article 28 of the Red Cross Convention signed at Geneva on July 27, 1929, the Government of the United States is obligated to recommend to Congress such measures as may be necessary to prohibit the use in commerce of the coat of arms of the Swiss Confederation. The pertinent provisions of the convention read as follows:

ARTICLE 28 "The Governments of the high contracting parties whose legislation may not now be adequate shall take or shall recommend to their legislatures such measures as may be necessary at all times:

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"(b) By reason of the homage rendered to Switzerland as a result of the adoption of the inverted Federal colors, to prevent the use, by private persons or by organizations, of the arms of the Swiss Confederation or of signs constituting an imitation thereof, whether as trade marks, commercial labels, or portions thereof, or in any way contrary to commercial ethics, or under conditions wounding Swiss national pride. The prohibition mentioned in subparagraph

(b) of the use of the arms of the Swiss Confederation or signs constituting an imitation thereof, shall take effect from the time set in each act of legislation and at the latest 5 years after this convention goes into effect. After such going into effect it shall be unlawful to take out a trade mark or commercial label contrary to such prohibitions."

The convention under reference became effeotive in the United States on October 4, 1932, and accordingly this Government is obligated to give effect to the convention article not later than October 4, 1937. This Swiss Legation at Washington has, on a number of occasions in recent months, discussed with this Department the question of obtaining legislation to prohibit the improper use of the Swiss coat of arms and the Legation has informally reminded the Department of the obligation of this Government to recommend the enactment of legislation to accomplish that purpose pursuant to the provisions of the Red Cross Convention herein quoted. The Legation also advised the Department of the efforts which had been made by the Swiss Government in other countries to give effect to the provisions of the convention as a result of which Germany, Austria, and Finland have enacted laws expressly prohibiting the use in commerce of the Swiss coat of arms under penalty of fine and imprisonment. The Legation advises that Japan and other countries have under consideration the enactment of similar legislation.

The Legation further states that Swiss consular officers throughout the United States have engaged in correspondence with numerous commercial concerns throughout the United States who have used either as trade marks or labels the Swiss coat of arms with a view to inducing the discontinuance of this practice which the Swiss Government considers objectionable. Copies of the correspondence on this subject have been furnished to the Department by the Legation, from which it appears that most of the companies which have been approached on the subject have either discontinued the commercial use of the Swiss coat of arms or have agreed to do so in the near future. One or two concerns have declined to discontinue the use of the insignia on the ground that its adoption was lawful and that the insignia has acquired a special value to the companies in identifying their products.

The Legation was informally advised that this Department recognized the obligation of this Government under the convention mentioned and would endeavor to recommend to Congress the enactment of suitable legislation to fulfill that obligation with an equitable reservation of the rights of persons or corporations who had lawfully adopted and legitimately used a design or insignia similar to the Swiss coat of arms. The enclosed draft bill is designed to accomplish this purpose and conforms generally to the provisions of section 5 of the act of February 20, 1905 (title 15, sec. 85, Ŭ. S. C.). That section while prohibiting the registration in the United States of trade marks which consist of or simulate the coat of arms of the United States or other governments, expressly excepts from the operation of the act trade marks which had been lawfully in use for 10 years prior to

the effective date of the act. A similar exception is provided for in the enclosed draft bill in the interest of those who had lawfully adopted and used in good faith a design or insignia similar to the Swiss coat of arms.

I have the honor to recommend therefore that, if you approve thereof, the Congress be requested to enact the legislation necessary to fulfill the obligation of the Government of the United States under the treaty provision in question. Respectfully submitted.

CORDELL HULL.

REGISTERED TRADE-MARKS FOUND IN THE RECORDS OF THE UNITED STATES PATENT OFFICE

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Partly in bronze and

black.
“Southern cross" with 6

stars between words
preferably printed in

black.
None given.

2, 354

A. A. Plastridge

J. Oakley

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2, 911
3, 128
3, 631
4, 021
4, 157
4, 312
4, 591
4, 782

Heiter & Gans.
Sullivan & Burk
Samuel Slater & Sons.
Stephen J. Seneca.
A. Man & Co
T. Gill
E. W. Keeler
Robert W. Tailer.

4,794 | The firm of W. Krause.

Mustard

Apr. 6, 1875 Not used only since April | Similar to Maltese cross.

1875. Soap...

May 25, 1875 Used 1 month prior to Maltese

May 1875.
Umbrellas and parasols. Sept. 7, 1875 Used since Aug. 6, 1875.

do
Nov. 9, 1875 Used since 1870.
Wigans and cambrics Apr. 25, 1876 1866.

Modified Maltese
Hermetically sealed goods. Sept. 26, 1876 1875.

Greek.
Soap..

Nov. 28, 1876 Used since October 1875.
do.

Jan. 30, 1877 Used since March 1874.
Twine, warp, yarn, etc. May 1, 1877 Used since May 1877
Wines
June 26, 1877 Jsed since May 23, 1877. St. Andrews cross on

shield.
Artificial stone and artifi- do.

Used since May 1877. Maltese
cial stone pavements.
Pharmaceutical prepara- July 17, 1877 Used since 1871.

tions.
Oysters, fruits, and vege- Nov. 20, 1877 Aug. 19, 1873,

Maltese
tables.
Medical compound.

Dec. 25, 1877 Used since 1877-
Hydraulic hose
Jan. 29, 1878 August 1877

Greek
Medicinal preparations of Feb. 12, 1878 Used since February 1878.

cocoa-leaf.
Medicinal articles

May 14, 1878 Used since June 1877.

June 18, 1878 Used since 1863..
Plug-tobacco.

July 23, 1878 Used since June 15, 1878
Domestic lye-
Dec. 3, 1878 September 1878.

Greek Preparation for the hair. Oct. 28, 1879 Not used, proposes to use

October 1879.

No color stated.

2, 588

4, 913

W. M. Olliffe.

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“Red Cross”

6,059 Eugene A. Du Puy6, 263 J. B. Clerc 6,391 Liggett & Myers Co. 6, 864

Excelsior Lye Co. 7, 754 John Nautz..

Red.

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7, 786 George B. Browne. Medicine for skin diseases. Dec. 30, 1879 Not stated. 8, 296 Roethlisberger & Gerber - Milk food.

May 31, 1881 1877.-8,419 J. Rogers & Sons (Ltd.).- Cutlery of all kinds. June 28, 1881 Used since 1764. 8, 923 Hugo Berthold.

Beef-oil

Dec. 20, 1881 September 1877.
9, 018
Newton & Co.
Fire-bricks.

Jan. 10, 1882 July 1, 1879.
9, 372 T. R. Keator & Co. Portland cement.

May 16, 1882 March 1881. 9, 599 The Boott Cotton Mills. Cotton goods.

Aug. 8, 1882 March 1882 10, 145 Charles G. Am Ende. Wound dressings.

Mar. 27, 1883 January 1883.
10, 260 G. L. Beck

Medicinal preparations.. May 8, 1883 Mar. 16, 1883
10, 310 Lang, Bernheimer & Co. Whiskey-

May 29, 1883 1881.
10, 445 Jules Berger

Certain table liquors. July 17, 1883 1840.
10, 451 Elnain & Co.

Medicines, particularly July 24, 1883 Feb. 8, 1879.

pills.
10, 473 Suez (The Firm of). Dentifrice

July 31, 1883 1868.
10, 544 Winfree & Loyd... Plug tobacco

Aug. 21, 1883 1868.
10, 716
Wm. H. Railton.
Table sauces.

Nov. 13, 1883 1877
10,836 Jules Ferre

Medicinal preparation, Jan. 8, 1884 1875.

particularly mixtures of
meat, iron, and quin-

quinia.
10,861 | Finlayson, Bousfield & Linen thread.

Jan. 22, 1884 1870.
Co.
11, 254 Edouard Pernod.

Cherry brandy

June 10, 1884 1835. 11, 283 do..

Extrait d'absinthe

June 24, 1884

1835.
11, 427 Aitken, Son & Co. Millinery, goods, laces, Aug. 19, 1884 Apr. 11, 1876.

ribbons, and trimmings.
11,494 Hassey, Burns & Co. Shovels, spades, and Sept. 16, 1884 Mar. 22, 1884
(Ltd.).

scoops.
11, 526 Henry Hinrichs.

Medicine for men, horses, Sept. 30, 1884 Apr. 25, 1884.

and cattle.
11, 544
Leopold Ernst Ludwig Bitters

Oct.

7, 1884 1884
Arp.
11, 784 E. M. Freeley.

Rubber cloth, textile fab- Dec. 16, 1884 May 1884

rics composed partly of
rubber, and enamel

cloth.
11, 889
The St. Paul Roller Mill Flour.

Jan, 27, 1885 1880.
12, 070
Ricker, Crombie & MC- Spices...

Mar. 31, 1885 1884.
Laren.
12, 213 E. Jeserich.

Medicine in capsules.. May 5, 1885 Dec. 1, 1884
12, 293
Ricker, Crombie & Mc- Coffee

June

2, 1885 Aug. 1, 1884.
Laren.
12, 294 ...do...

Baking powder.

_do.

do.
12, 299 S. Bache & Co.

Mirror plates.

June 9, 1885 1865.
12, 363 Kinghts of Labor Co- Fur and wool hats.

June 30, 1885 Apr. 1, 1885.
Operative Hat Co.
12, 398
E. Clifford...
Tooth powder.

July 7,1885 Jan. 1, 1884.

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Co.

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