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never received a complaint of any kind relating "to the undue aggressions or intrusions of those who have benefited by its policy.” It is interesting to note that the Government of Nicaragua has never brought before the Court any action based upon the violations to which it alludes and as to which the Court has never had the remotest notice. It would seem that the other Central American Governments are called upon to defend themselves against that charge; the Court, on its part, is wholly without the means to pass upon it outside of its judicial capacity.
The Court, Mr. Minister, rests in the hope that its austere conduct, in the face of such insensate attacks, will be justly judged by your illustrious Government, called upon, as it is, to lend the moral support bespoken on behalf of this tribunal by Article XXV of the Convention.
Assuring Your Excellency of my distinguished consideration. (Signed) Manuel Echeverria, Secretary.
Availing myself of this new opportunity to reiterate to Your Excellency the assurances of my distinguished consideration.
(Signed) MANUEL ECHEVERRIA,
INTERNATIONAL CONVENTION FOR THE PROTECTION OF TRADE MARKS.1
Signed at the Fourth International American Conference, Buenos Aires,
August 20, 1910; ratified by the United States May 1, 1911; proclaimed September 16, 1916.
THEIR Excellencies the Presidents of the United States of America, the Argentine Republic, Brazil, Chili, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay and Venezuela;
1 U. S. Treaty Series, No. 626. An unofficial translation of the articles of this convention was printed in the Record of Proceedings of the Fourth International American Conference (see Supplement to this JOURNAL, January, 1911, Vol. 5, p. 1 at p. 31). The original convention is in the Spanish, English, Portuguese and French languages, and the translation here printed is the official English translation as issued by the Department of State.
Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto, the following delegates, duly authorized to approve the recommendations, resolutions, conventions and treaties which they might deem advantageous to the interest of America. United States of America: Henry White, Enoch H. Crowder, Lewis
Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero,
Paul Samuel Reinsch, David Kinley. Argentine Republic: Antonio Bermejo, Eduardo L. Bidau, Manuel A.
Montes de Oca, Epifanio Portela, Carlos Rodríguez Larreta, Carlos
Salas, José A. Terry, Estanislao S. Zeballos. United States of Brazil: Joaquim Murtinho, Domicio da Gama, José
L. Almeida Nogueira, Olavo Bilac, Gastão da Cunha, Herculano
de Freitas. Republic of Chili: Miguel Cruchaga Tocornal, Emilio Bello Codecido,
Aníbal Cruz Díaz, Beltrán Mathieu. Republic of Colombia: Roberto Ancízar. Republic of Costa Rica: Alfredo Volio. Republic of Cuba: Carlos García Vélez, Rafael Montoro y Valdés,
Gonzalo de Quesada y Aróstegui, Antonio Gonzalo Pérez, José M.
Carbonell. Dominican Republic: Américo Lugo. Republic of Ecuador: Alejandro Cárdenas. Republic of Guatemala: Luis Toledo Herrarte, Manuel Arroyo, Mario
Estrada. Republic of Haiti: Constantin Fouchard. Republic of Honduras: Luis Lazo Arriaga. Mexican United States: Victoriano Salado Alvarez, Luis Pérez Verdía,
Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz. Republic of Nicaragua: Manuel Pérez Alonso. Republic of Panama: Belisario Porras. Republic of Paraguay: Teodosio González, José P. Montero. Republic of Peru: Eugenio Larrabure, y Unanue, Carlos Alvarez
Calderón, José Antonio de Lavalle y Pardo. Republic of Salvador: Federico Mejía, Francisco Martínez Suárez. Republic of Uruguay: Gonzalo Ramírez, Carlos M. de Pena, Antonio
M. Rodríguez, Juan José Amézaga. United States of Venezuela: Manuel Díaz Rodríguez, César Zumeta. Who, after having presented their credentials and the same having been found in due and proper form, have agreed upon the following Convention for the Protection of Trade-Marks.
ARTICLE I. The signatory Nations enter into this convention for the protection of trade-marks and commercial names.
ARTICLE II. Any mark duly registered in one of the signatory states shall be considered as registered also in the other states of the Union, without prejudice to the rights of third persons and to the provisions of the laws of each state governing the same.
In order to enjoy the benefit of the foregoing, the manufacturer or merchant interested in the registry of the mark must pay, in addition to the fees or charges fixed by the laws of the state in which application for registration is first made, the sum of fifty dollars gold, which sum shall cover all the expenses of both bureaux for the international registration in all the signatory states.
ARTICLE III. The deposit of a trade-mark in one of the signatory states produces in favor of the depositor a right of priority for the period of six months, so as to enable the depositor to make the deposit in the other states.
Therefore, the deposit made subsequently and prior to the expiration of this period, cannot be annulled by acts performed in the interval, especially by another deposit, by publication, or by the use of the mark.
ARTICLE IV. The following shall be considered as trade-mark: any sign, emblem, or especial name that merchants or manufacturers may adopt or apply to their goods or products in order to distinguish them from those of other manufacturers or merchants who manufacture or deal in articles of the same kind.
ARTICLE V. The following cannot be adopted or used as trademark: national, provincial or municipal flags or coats-of-arms; immoral or scandalous figures; distinctive marks which may have been obtained by others or which may give rise to confusion with other marks; the general classification of articles; pictures or names of persons without their permission; and any design which may have been adopted as an emblem by any fraternal or humanitarian association.
The foregoing provisions shall be construed without prejudice to the particular provisions of the laws of each state.
ARTICLE VI. All questions which may arise regarding the priority of the deposit, or the adoption of a trade-mark, shall be decided with due regard to the date of the deposit in the state in which the first application was made therefor.
ARTICLE VII. The ownership of a trade-mark includes the right to enjoy the benefits thereof, and the right of assignment or transfer in whole or in part of its ownership or its use in accordance with the provisions of the laws of the respective states.
ARTICLE VIII. The falsification, imitation or unauthorized use of a trade-mark, as also the false representation as to the origin of a product, shall be prosecuted by the interested party in accordance with the laws of the state wherein the offence is committed.
For the effects of this article, interested parties shall be understood to be any producer, manufacturer or merchant engaged in the production, manufacture or traffic of said product, or in the case of false representation of origin, one doing business in the locality falsely indicated as that of origin, or in the territory in which said locality is situated.
ARTICLE IX. Any person in any of the signatory states shall have the right to petition and obtain in any of the states, through its competent judicial authority, the annullment of the registration of a trade-mark, when he shall have made application for the registration of that mark, or of any other mark calculated to be confused, in such state, with the mark in whose annullment he is interested, upon proving:
a) That the mark, the registration whereof he solicits, has been employed or used within the country prior to the employment or use of the mark registered by the person registering it, or by the persons from whom he has derived title;
b) That the registrant had knowledge of the ownership, employment or use in any of the signatory states, of the mark of the applicant, the annullment whereof is sought, prior to the use of the registered mark by the registrant or by those from whom he has derived title;
c) That the registrant had no right to the ownership, employment or use of the registered mark on the date of its deposit;
d) That the registered mark had not been used or employed by the registrant or by his assigns within the term fixed by the laws of the state in which the registration shall have been made.
ARTICLE X. Commercial names shall be protected in all the states of the Union, without deposit or registration, whether the same form part of a trade-mark or not.
ARTICLE XI. For the purposes indicated in the present convention a Union of American Nations is hereby constituted, which shall act through two International Bureaux established one in the city of Habana, Cuba, and the other in the city of Rio de Janeiro, Brazil, acting in complete accord with each other.
ARTICLE XII. The International Bureaux shall have the following duties:
1. To keep a register of the certificates of ownership of trademark, issued by any of the signatory states.
2. To collect such reports and data as relate to the protection of intellectual and industrial property and to publish and circulate them among the nations of the Union, as well as to furnish them whatever special information they may need upon this subject.
3. To encourage the study and publicity of the questions relating to the protection of intellectual and industrial property; to publish for this purpose one or more official reviews, containing the full texts or digest or all documents forwarded to the Bureaux by the authorities of the signatory states.
The Governments of said states shall send to the International American Bureaux their official publications which contain the announcements of the registrations of trade-marks, and commercial names, and the grants of patents and privileges as well as the judgments rendered by the respective courts concerning the invalidity of trade-marks and patents.
4. To communicate to the Governments of the Union any difficulties or obstacles that may oppose or delay the effective application of this convention.
5. To aid the Governments of the signatory states in the preparations of international conferences for the study of legislation concerning industrial property, and to secure such alterations as it may be proper to propose in the regulations of the Union, or in treaties in force to protect industrial property. In case such conferences take place, the Directors of the Bureaux shall have the right to attend the meetings and there to express their opinions, but not to vote.
6. To present to the Governments of Cuba and of the United States of Brazil, respectively, yearly reports of their labors which shall be communicated at the same time to all the Governments of the other states of the Union.
7. To initiate and establish relations with similar bureaux, and