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REPORT TO ACCOMPANY S. 4667, SEVENTY-FOURTH
CONGRESS, SECOND SESSION 74TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session
USE OF THE COAT OF ARMS OF THE SWISS
JUNE 8, 1936.—Referred to the House Calendar and ordered to be printed
Mr. Bloom, from the Committee on Foreign Affairs, submitted the
[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:
"(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.
REGISTERED TRADE-MARKS FOUND IN THE RECORDS OF THE UNITED STATES PATENT OFFICE
Partly in bronze and
stars between words
A. A. Plastridge
Heiter & Gans.
4,794 | The firm of W. Krause.
Apr. 6, 1875 Not used only since April | Similar to Maltese cross.
May 25, 1875 Used 1 month prior to Maltese
Nov. 28, 1876 Used since October 1875.
Jan. 30, 1877 Used since March 1874.
Used since May 1877. Maltese
Dec. 25, 1877 Used since 1877-
May 14, 1878 Used since June 1877.
June 18, 1878 Used since 1863..
July 23, 1878 Used since June 15, 1878
Greek Preparation for the hair. Oct. 28, 1879 Not used, proposes to use
No color stated.
W. M. Olliffe.
6,059 Eugene A. Du Puy6, 263 J. B. Clerc 6,391 Liggett & Myers Co. 6, 864
Excelsior Lye Co. 7, 754 John Nautz..
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.
Dec. 20, 1881 September 1877.
Jan. 10, 1882 July 1, 1879.
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.
Medicinal preparations.. May 8, 1883 Mar. 16, 1883
May 29, 1883 1881.
Certain table liquors. July 17, 1883 1840.
Medicines, particularly July 24, 1883 Feb. 8, 1879.
July 31, 1883 1868.
Aug. 21, 1883 1868.
Nov. 13, 1883 1877
Medicinal preparation, Jan. 8, 1884 1875.
particularly mixtures of
Jan. 22, 1884 1870.
June 10, 1884 1835. 11, 283 do..
June 24, 1884
ribbons, and trimmings.
Medicine for men, horses, Sept. 30, 1884 Apr. 25, 1884.
7, 1884 1884
Rubber cloth, textile fab- Dec. 16, 1884 May 1884
rics composed partly of
Jan, 27, 1885 1880.
Mar. 31, 1885 1884.
Medicine in capsules.. May 5, 1885 Dec. 1, 1884
2, 1885 Aug. 1, 1884.
June 9, 1885 1865.
June 30, 1885 Apr. 1, 1885.
July 7,1885 Jan. 1, 1884.