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the second part shall not thereby be discharged from any liability to the party of the first part for any license fees due at the time of the service of said notice.

In witness whereof the parties above named have hereunto set their hands the day and year first above written.

THE OFFICE FEES, AND HOW PAYABLE.

A. B.

C. D. & Co.

Nearly all the fees payable to the Patent Office are positively required by law to be paid in advance. For the sake of uniformity and convenience, the remaining fees are required to be paid in the same manner; that is to say, before the labor is performed for which they are to be received in payment.

The following is the tariff of fees established by law:

On filing application for design patent, 3 years,

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$10.00

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On filing an application for a patent for an invention,
On issuing each original patent for an invention,

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On every application for a re-issue,

On filing an appeal from a primary examiner to examiners-in-chief,

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30.00

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10.00

On filing an appeal to the Commissioner from examiners-in-chief,

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20.00

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10.00

On depositing a trade-mark for registration, .
On every copy of a patent or other instrument, except
copies of printed patents, for every 100 words, .

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the cost of having it made.

1.00

On every copy of drawing,
For recording every assignment of 300 words or under,
For recording every assignment, if over 300 and not over
1,000 words,

2.00

For recording every assignment, if over 1,000 words,

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of any patent, and copies of the drawings of any patent if in print, are furnished by the Office at five cents each.

The final fee on issuing a patent must be paid within six months after the time at which the patent was allowed, and notice thereof sent to the applicant or his agent. And if the final fee for such patent be not paid within that time, the patent will be withheld, and the invention therein described become public property as against the applicant therefor, unless he shall file a new application therefor within one year from the date of the allowance of the original application.

The money for the payment of fees may be paid to the Commissioner or deposited with an Assistant Treasurer of the United States, or other officer authorized to receive the same, taking his certificate, and remitting the same within ten days after the date thereof to the Commissioner of Patents, or it may be remitted by mail, preferably by bank draft, certified cheque or post office order payable to the Commissioner of Patents; and in every case. the letter should state the exact amount enclosed. Letters containing money should be registered.

TAKING AND TRANSMITTING TESTIMONY

In interferences and other contested cases, the testimony of witnesses is taken on oath by written depositions in the presence of a magistrate, by whom the questions and answers are written down and afterwards transmitted under seal to the Commissioner of Patents.

Due notice must be given by the party examining the witness to the other party, in order that he may be present personally or by attorney, and cross-examine

The rules established by the Office, in reference to the taking and transmitting of evidence in such cases, will be furnished gratis on application to the Commissioner.

THE DOMINION OF CANADA.

The Patent Law of the Dominion of Canada in its leading principles and purpose resembles the law of the United States. The principal differences are as follows:

The Patent Office is a part of the Department of Agricul ture. There is a Commissioner of Patents, and applications for any purpose connected with patents must be made to him.

No inventor can have a patent if his invention has been in public use or on sale more than a year in Canada, previous to his application, with the consent of the inventor. Nor if a patent for the same exists in another country more than twelve months previous to application. If, during said twelve months, any person begins to manufacture the article in Canada, he shall have the right to continue the same. Applicant must elect a domicile in Canada for the purposes of his patent, and declare the same in his petition. The article, after one year, must be made in Canada, and not imported; and the manufacture must begin within two years from the granting of the patent; but these limits may be extended by the Commissioner. The patent is granted for six, twelve or eighteen years, at option of applicant.

TRADE-MARKS.

By the common law a merchant or manufacturer is entitled to the exclusive use of a "trade mark" to designate his goods, provided he has used it so long that it has become generally recognized as his.

The trade-mark may consist of words, letters, figures, or drawings, or a combination of two or more of them.

It must, however, indicate only the origin or ownership of the goods to which it is applied, and not be descriptive of their character, quality, or composition.

Thus, for example, a miller may mark his flour with the figure of an eagle or with the name of his mill, and these marks will after a time be recognized as indicating that the flour so marked is made by him or at his mill.

But he cannot appropriate to his exclusive use such words as "snow white," "superfine," "family flour," or any other

descriptive term, as any other person manufacturing a similar article has a right to describe it by any appropriate language.

So the name of the place where a manufacturer carries on business cannot be so appropriated as to prevent others in the same place from using it in connection with their goods.

No one will, however, be permitted to represent his goods as the goods of another, by imitating the latter's labels, descriptions, or peculiar methods of putting up his goods, even if the latter do not strictly constitute a trade-mark; and in all cases of this kind it is enough for the plaintiff to show that the imita tion is sufficiently close as to deceive the public, although there be differences in the details.

If, however, the plaintiff is himself defrauding the public by falsely describing the character, quality, or composition of his goods, or when the articles themselves are injurious in their character, he can claim no assistance from a court of equity.

A trade-mark may be sold with the business with which it is connected or the factory where the goods are made to which it is applied. In the settlement of partnership affairs, or in connection with the sale of the good will of a business, it is often an item of great value.

The Act of Feb. 20, 1905, as subsequently amended provides for the registration in the Patent Office of trade-marks used in commerce with foreign nations, or among the several States, or with Indian tribes.

A trade-mark may be registered by any person, firm or corporation, domiciled or having a manufactory within the territory of the United States, or residing or located in any foreign country which has treaty agreements with the United States.

No mark which distinguishes the goods of one owner from the goods of another will be refused registration, unless such mark comprises immoral or scandalous matter, or represents the flag or coat of arms of the United States or of any State, municıpality or foreign nation, or any emblem of a fraternal society, or any name, character, emblem, flag, banner, etc., adopted by any organization in any State and adopted and publicly used by such organization prior to date of adoption and use by applicant

If a trade-mark is identical with one now in use, or so nearly alike to one in use that it will tend to confuse the public, registration will be refused. No trade-mark which consists merely in the name of an individual, firm, corporation or association, not written, printed, impressed, or woven in some particular or distinctive manner or in association with a portrait of the individual, or merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods, or merely a geographical name or term, will be registered. No portrait of a living individual may be registered as a trademark, except by the consent of such individual, evidenced by an instrument in writing. Nothing, however, shall prevent the registration of any mark which has been in actual and exclusive use as a trade-mark for ten years next preceding February 20, 1905. If the applicant is resident in a foreign country his statement must set forth that the trade-mark has been registered or application filed in that country, with the date thereof. Application for registration of a trade-mark previously registered in a foreign country affording similar privileges to citizens of the United States, if filed in this country within four months, shall have same force and effect as if filed on the date of foreign application. Where an applicant for a trade-mark does not reside in the United States, he must designate by a notice in writing, filed in the Patent Office, some person residing within the United States on whom process or notice of proceedings may be served.

In general, an application for a trade-mark consists of (a) a petition; (b) a statement of the name, residence, citizenship of the party applying; (c) the length of time the trade-mark has been used; (d) the class of merchandise to which the trade-mark is appropriated; (e) description of the trade-mark itself; (f) where applied to the goods; (g) a drawing of the trade-mark as actually used on the goods, signed by applicant or attorney; (h) five specimens of facsimiles of the trade-mark as actually used on the goods. The application must be written on one side of the paper only, and accompanied by a written declaration under oath, that the applicant believes himself to be the owner of the trade-mark, and that no other person, firm, corporation or association, to the best of his knowledge and belief, has the right to use the trade-mark either in the identical form or any such other resemblance thereof as might be calculated to deceive, and that such trade-mark is used in commerce among the several States or with foreign nations or with the Indian Tribes, and that the description, drawing and specimens or facsimiles truly represent the trade-mark sought to be registered.

The drawing must be made in India ink on pure white, smooth paper equal to two-sheet Bristol board in thickness. The sheets on which a drawing is made must be exactly 10 by 15 inches.

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