Troostwijk, Dr. Diehl, J. Harberts; for Persia: And whereas, the said Convention has been duly ratified on the part of the United States of America and the instrument of ratification of the United States of America was deposited with the Government of Switzerland on February 4, 1932: And whereas, in accordance with Article 33 thereof, the said Convention became effective in respect of the United States of America six months after the deposit of its instrument of ratification, namely, on August 4, 1932;1 Now, therefore, be it known that I, Herbert Hoover, President of the United States of America, have caused the said Convention to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the city of Washington this fourth day of August in the year of our Lord one thousand nine hundred and thirty[SEAL] two, and of the Independence of the United States of America the one hundred and fifty-seventh. (Signed) Herbert Hoover. By the President: W. R. Castle, Jr., Acting Secretary of State. 1 On the date of the President's proclamation, Aug. 4, 1932, this convention was in effect also in respect of Australia, Great Britain, India, Italy, Latvia, New Zealand, Norway, Portugal, Rumania, Spain, Sweden, Switzerland, Union of South Africa, Union of Soviet Socialist Republics. and Yugoslavia. It will become effective in respect of Belgium on Nov. 12, 1932, in respect of Brazil on Sept. 23, 1932, in respect of Mexico on Feb. 1, 1933, and in respect of Poland on Dec. 29, 1932. PUBLIC LAW NO. 729 SEVENTY-FOURTH CONGRESS (S. 4667) AN ACT To prohibit the commercial use of the coat of arms of the Swiss Confederation pursuant to the obligation of the Government of the United States under article 28 of the Red Cross Convention signed at Geneva July 27, 1929 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any person, partnership, incorporated or unincorporated company, or association within the jurisdiction of the United States to use, whether as a trade mark, commercial label, or portion thereof, or as an advertisement or insignia for any business or organization or for any trade or commercial purpose, the coat of arms of the Swiss Confederation, consisting of an upright white cross with equal arms and lines on a red ground, or any simulation thereof: Provided, That no person, corporation, or association that actually used or whose assignors actually used a design or insignia identical with or similar to that described herein for any lawful purpose for ten years next preceding the effective date of this Act shall be deemed forbidden to continue the use thereof for the same purpose. SEC. 2. Any person who willfully violates the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be liable to a fine of not exceeding $500 or imprisonment for a term not exceeding one year, or both. Approved, June 20, 1936. 414 REPORT TO ACCOMPANY S. 4667, SEVENTY-FOURTH CONGRESS, SECOND SESSION 74TH CONGRESS 2d Session } HOUSE OF REPRESENTATIVES REPORT No. 2961 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 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 the 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: To the Congress of the United States. THE WHITE HOUSE, I transmit a report from the Secretary of State in regard to the obligation of 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. The PRESIDENT: DEPARTMENT OF STATE, 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 effective 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, U. 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. |