for the Enforcement of the Imperial Ordinance Regarding Patents are applicable mutatis mutandis.

ART. II. In cases where provisions of the Regulations for the Enforcement of the Imperial Ordinance Governing Registration Regarding Patents are applied mutatis mutandis (to designs) in accordance with the provision of the preceding article, the articles and paragraphs of the Patent Law or of the Imperial Ordinance Governing Registration Regarding Patents quoted in the said Regulations are in all respects the same as the articles and paragraphs of the Patent Law or of the Imperial Ordinance Governing Registration Regarding Patents which are applicable mutatis mutandis (to designs) in accordance with the Design Law or with the Imperial Ordinance Governing Registration Regarding Designs.

ART. III.—The Design Register shall be prepared according to the Form appended.

ART. IV. The Title Division of the Design Register is divided into Ist Section and 2nd Section; and matters to be entered in the designation column regarding a design right shall be entered in the 1st Section, and those regarding a right of similar design in the 2nd Section.

ART. V. To register the establishment of a design right, in addition to the matters to be entered in accordance with the provisions of Art. I., the articles to which the design is to be applied and the class to which such articles belong shall be entered in the "Designation" column.

ART. VI. To register the establishment of a right of similar design, the statement that it is a similar design and the number thereof shall be entered in the "Designation" column of the registration form of the design right which first came into existence, and then the registration shall be made in accordance with the provisions of the preceding article.

ART. VII.-When a similar design right has expired or has become invalid, the cause thereof shall be entered in the "Designation" column of the registration form of the design right which first came into existence, and the designation and the designation number of the design right that has expired or has become invalid shall be cancelled with red ink. However, when the design right which first came into existence has expired or become invalid, the registration shall be made in accordance with the provisions of Arts. XLIV. to XLVI., inclusive, of the Regulations for the Enforcement of the Imperial Ordinance Governing Registration Regarding Designs.

ART. VIII.-Registration of the transfer of a design right by division according to the articles to which the design to to be applied, shall be made in the order of the payment of the fee.

In cases where a request for registration mentioned in the preceding paragraph has been received, the registration shall be made in accordance with the registration procedure in the case of a permission to divide a patent right. However, in cases where the designation of the design right is to be entered in the designation column of each registration form, the provisions of Art. V. shall be followed, and the name, or title, and domicile of the person who has acquired the right shall be entered in the "Matters of Registration" column of A Section in the registration form of the design right transferred.

SUPPLEMENTARY RULE.

ART. IX. These Regulations take effect from the date of operation of the Imperial Ordinance Governing Registration Regarding Designs.

United States.

Food and Drugs Act.

UNITED STATES DEPARTMENT OF AGRICULTURE,

OFFICE OF THE SECRETARY.

FOOD INSPECTION DECISION No. 126.

SALTS OF TIN IN FOOD.

The attention of the board has been directed to canned goods which contain salts of tin derived from the solvent action of the contents of the package upon the tin coating. Pending further investigations on this quesion all canned goods which are prepared prior to January 1, 1911, will be permitted to enter and pass into interstate commerce without detention or restriction in so far as their content of tin salts is concerned. All foods which are canned subsequently to January 1, 1911, will be permitted importation and interstate commerce if they do not contain more than 300 milligrams of tin per kilogram, or salts of tin equivalent thereto. When the amount of tin, or an equivalent amount of salts of tin, is greater than 300 milligrams per kilogram, entry of such canned goods packed subsequently to January 1, 1911, will be refused, and if found in interstate commerce proper action will be taken.

It is the opinion of the board that the trade will experience little hardship in adjusting itself to this condition, as the results of examinations made by the Bureau of Chemistry of various types of canned goods indicate that in a very large majority of cases inconsiderable quantities of tin are found, well within the limit herein set.

We publish in this number of the REVIEW the Trade Mark Law of the State of California.

This is notable because it abrogates the common law principle that a trade mark is the property of him who is the first to adopt and use the same and enacts that a trade mark is the property of him who first files a claim thereto with the Secretary of State of California.

The Federal Act providing for the registration of trade marks has, of course, no application to trade marks so long as the use of the same is confined to the State of California, and the regulation of such trade marks is proper subjectmatter for State control, but it is certainly unfortunate that such a long step backward should be taken.

The Act appears to us to be not only bad in principle, but inconsistent in some of its provisions. For example, Section 3197 requires that any person desiring to secure the exclusive use of a trade mark shall file with the Secretary of State his claim to the same, with an affidavit that he is the exclusive owner thereof, while Section 3199 provides that he who has first adopted a trade mark by filing the same with the Secretary of State is its original owner.

This seems to indicate that one becomes the owner of a trade mark only by first filing it, and that he may not file it without first making affidavit that he is the owner.

The law seems to open the way to abuses, and trade mark owners may find it to their advantage to file their marks without delay lest others appropriate and file them, occasioning the originators of the mark much trouble and loss.

California.

TRADE-MARKS.-State Law.
POLITICAL CODE.

No. 3196. The phrase "trade-mark" as used in this chapter includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description, and also any name or names, marks or devices, branded, stamped, engraved, etched, blown, or otherwise attached or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, used by any mechanic, manufacturer, druggist, merchant or tradesman, to hold, contain or inclose the goods so imported other than any name, word or expression generally denoting any goods to be of some particular class or description. (Amendment approved March 3, 1903.)

No. 3196a. Any person may adopt a name for any farm or estate owned or leased by him, and register it in the manner provided for the registration of trade-marks. Such registration shall have the same effect as the registration of a trade-mark. (Approved March 8, 1909.)

No. 31966. Any person selling or marketing the products grown on any particular farm or estate may use the name of such farm or estate as a trade-mark on such products, in the same manner as provided for other trade-marks in Section 3195 of this code, and subject to the same rights and duties as provided in this article. (Approved March 8, 1909.)

No. 3197. Any person or persons, desiring to secure within this State the exclusive use of any trade-mark or name for any article of manufacture or for any business, shall, within thirty days after commencing to use such trade-mark or name, or at any time thereafter and before the filing of the said trade-mark or name by any other person, firm or corporation, file with the Secretary of State his claim to the same, and a copy or description of such trade-mark or name. with his affidavit attached thereto, certified to by any officer authorized to take acknowledgments of conveyances, setting forth that he (or the firm or corporation of which he is a member) is the exclusive owner, or agent of the owner, of such trade-mark or name. (Amendment approved March 6, 1909.)

No. 3198. The Secretary of State must keep for public examination a record of all trade-marks or names filed in his office, with the date when filed and name of claimant; and must at the time of filing issue to the claimant a certificate of such filing under the great seal of the State, and collect from such claimant, a fee of five dollars, as provided for in section four hundred and sixteen of this code. Provided, however, the Secretary of State shall refuse to file any trade-mark or name identical with, or so similar to any trade-mark or name already filed as to be calculated or liable to deceive. (Amendment approved March 6, 1909.) No. 3199. Any person who has first adopted a trade-mark or name by filing

same in the office of the Secretary of State and has used said trade-mark or name, whether within or beyond the limits of this State, is its original owner. Such ownership may be transferred in the same manner as personal property and is entitled to the same protection by suits at law, and any court of competent jurisdiction may restrain, by injunction, any use of trade-marks, or names, in violation of this chapter. (Amendment approved March 6, 1909.)

No. 3200. Any trade union, labor association, or labor organization, organized and existing in this State, whether incorporated or not, may adopt and use a trade-mark and affix the same to any goods made, produced, or manufactured by the members of such trade union, labor association, or labor organization, or to the box, cask, case, or package containing such goods, and may record such trademark by filing or causing to be filed with the Secretary of State its claim to the same, and a copy or description of such trade-mark, with the affidavit of the President of such trade union, labor association, or labor organization, certified to by any officer authorized to take acknowledgments of conveyances, setting forth that the trade union, labor association, or labor organization, of which he is the President, is the exclusive owner, or agent of the owner, of such trade-mark; and all the provisions of Article III, Chapter VII, Title VII, Part III, of the Political Code, are hereby made applicable to such trade-mark. (Approved March 17, 1889.)

No. 3201. The president or other presiding officer of any trade union, labor association, or labor organization, organized and existing in this State, which shall have complied with the provisions of the preceding section, is hereby authorized and empowered to commence and prosecute in his own name any action or proceedings he may deem necessary for the protection of any trade-mark adopted or in use under the provisions of the preceding section, or for the protection or enforcement of any rights or powers which may accrue to such trade union, labor association, or labor organization by the use or adoption of said trade-mark. (Approved March 17, 1889.)

CIVIL CODE.

No. 655. There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, trade-marks and signs, and of rights created or granted by statute. (Approved March 14, 1885.)

No. 991. One who produces or deals in a particular thing, or conducts a particular business, may appropriate to his exclusive use, as a trademark, any form, symbol, or name, which has not been SO appropriated by another, to designate the origin or ownership thereof; but he can not exclusively appropriate any designation, or part of a designation, which relates only to the name, quality, or the description of the thing or business, or the place where the thing is produced, or the business is carried on. (In effect July 1, 1874.) No. 1772. One who sells or agrees to sell any article to which there is affixed or attached a trade-mark, thereby warrants that mark to be genuine and lawfully used.

PENAL CODE.

No. 350. Every person who willfully reproduces, copies, imitates, forges, or counterfeits, or procures to be reproduced, copied, imitated, forged, or counterfeited, any trade-mark usually affixed by any person to his goods, which has been duly recorded in the office of the Secretary of State, or with the Commissioner of Patents in the United States Patent Office, or any label or brand, composed

in whole or in part of a reproduction of said trade-mark, or who affixes the same to goods of essentially the same descriptive properties and qualities as those referred to in the registration of such trade-mark, with intent to pass off, or to assist other persons to pass off, any goods to which such reproduced, copied, imitated, forged, or counterfeited trade-mark, or label, or brand is affixed, or intended to be affixed, as the goods of the person, firm, company, or corporation owning the said trade-mark, is guilty of a misdemeanor. (Approved March 27, 1897.)

No. 351. Every person who sells, or keeps for sale, or manufactures, or prepares, for the purpose of sale, any goods upon, or to which any reproduced, copied, imitated, forged, or counterfeited trade-mark, or label, or brand, composed in whole or in part of such a reproduced, copied, imitated, forged, or counterfeited trade-mark has been affixed, after such trade-mark has been recorded in the office of the Secretary of State, or with the Commissioner of Patents in the United States Patent Office, intending to represent such goods as the genuine goods of the person, firm, company, or corporation, owning the said trade-mark, knowing the same to be reproduced, copied, imitated, forged, or counterfeited, is guilty of a misdemeanor. (Approved March 27, 1897.)

No. 352. The phrases "forged trade-mark" and "counterfeited trade-mark," or their equivalents, as used in this chapter, include every alteration or imitation of any trade-mark so resembling the original as to be likely to deceive.

No. 353. The phrase "trade-mark," as used in the three preceding sections, includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper, usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded, or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description.

No. 354. Every person who has in his possession, or who uses any cask, bottle, vessel, case, cover, label, brand, or other thing bearing, or having in any way connected with it, the trade-mark of another, which has been duly recorded in the office of the Secretary of State, or with the Commissioner of Patents in the United States Patent Office, or the trade name of another, for the purpose of disposing of any article other than that which such cask, bottle, vessel, case, cover, label, brand, or other thing originally contained, or is connected with by the owner of such trade-mark or trade name, with intent to deceive or defraud, is guilty of a misdemeanor. (Approved March 27, 1897.)

No. 3542. Every person who willfully sells, or traffics in any cask, keg, bottle, vessel, siphon, can, case, or other package bearing the duly filed trade-mark or name of another, printed, branded, stamped, engraved, etched, blown or otherwise attached, or produced, thereon, or refills any such cask, keg, bottle, vessel siphon, can, case, or other package with intent to defraud the owner thereof, without the consent of the owner thereof, or unless the same shall have been purchased from the owner thereof, is guilty of a misdemeanor. (Approved March 14, 1899.)

No. 35434. Every person who shall willfully deface, erase, obliterate, cover up, or otherwise remove, destroy, or conceal the duly filed trade-mark or name of another, printed, branded, stamped, engraved, etched, blown, impressed, or otherwise attached to, or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, for the purpose of selling or trafficking in such cask, keg, bottle, vessel, siphon, can, case, or other package, or refilling such cask, keg, bottle, vessel, siphon, can, case, or other package, with intent to defraud the owner thereof