GROUP 5.-LEATHER, PAPER, AND RUBBER GOODS. 35. Belting, hose, and machinery packing. 36. Leather and leather manufactures not otherwise classified. 56. Canes, parasols, and umbrellas. 57. Dental machines, apparatus, and supplies. 58. Games and toys, aud sporting goods not otherwise classified. 59. Horological instruments. 60. Inks and inking materials. 61. Jewelry, and solid and plated precious-metal ware. 62. Linoleum and oiled cloth. 63. Measuring and scientific apparatus, appliances, and instruments. 64. Medical and surgical apparatus, appliances, and instruments. 65. Musical instruments and talking-machines and supplies therefor. 66. Objects of art and ornament. 67. Pharmaceutical preparations, plasters, and proprietary and veterinary medicines. 68. Publications. 69. Smokers' articles not included in class 71. 70. Stationery not otherwise classified. 71. Tobacco products. 72. Merchandise not otherwise classified. F. I. ALLEN, Commissioner. APPENDIX. TRADE-MARKS. [1905-Department Circular No. 40-Division of Customs.] TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, To collectors of customs and others concerned: The attention of officers of the customs and others is invited to the following provisions of section 27 of the act approved February 20, 1905, effective April 1, 1905: "SECTION 27. That no article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copy or simulate a trade-mark registered in accordance with the provisions of this act, or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any custom-house of the United States; and, in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, convention, declaration, or agreement between the United States and any foreign country to the advantages afforded by law to citizens of the United States in respect to trade-marks and commercial names, may require his name and residence, and the name of the locality in which his goods are manufactured, and a copy of the certificate of registration of his trade-mark, issued in accordance with the provisions of this act, to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department facsimiles of his name, the name of the locality in which his goods are manufactured, or of his registered trade-mark; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs." The provisions of this section give to manufacturers and traders located in foreign countries which, by treaty stipulations, give similar privileges to the United States, the same advantages as are given to domestic manufacturers and traders. The act does not affect names or trade-marks heretofore recorded in the Treasury Department, and as to them the protection granted so far as concerns prohibition of importation will continue. Nor does the act appear to make it compulsory on the part of domestic manufacturers or traders, or foreign manufacturers or traders, to register names (not trade-marks) with the Commissioner of Patents, in order to prevent illegal importations. Domestic manufacturers and traders, and foreign manufacturers and traders, to avail themselves of the privileges of the act, so far as concerns trade-marks, are required to register their trade-marks with the Commissioner of Patents before the Treasury Department can act. Applications for recording the names and trade-marks in this Department under section 27 will state the name of the owner, his residence, and the locality in which his goods are manufactured, and in the case of trade-marks should be accompanied with a certified copy of the certificate of registration of his trade-mark issued in accordance with the provisions of the act and the names of the ports to which facsimiles should be sent. In the case of the name of a domestic manufacture, manufacturer, or trader (not registered as a trade-mark in the Patent Office) the application must be accompanied by the proper proof of ownership and proof as to the country or locality in which his goods are manufactured, which must consist of the affidavit of the owner or one of the owners, certified by an officer entitled to administer oaths and having a seal. On the receipt by a customs officer of any such facsimiles, with information from the Department that they have been recorded therein, he will properly record and file them and will exercise care to prevent the entry at the custom-house of any article of foreign manufacture copying or simulating such mark. No fees are charged for recording trade-marks in the Treasury Department and custom-houses. A sufficient number of facsimiles should be forwarded to enable the Department to send one copy to each port named in the application, with ten additional copies for the files of the Department. Especial attention is invited to the provision in said section prohibiting the entry of articles "which shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact. manufactured," and collectors and other officers of the customs are instructed to use due diligence to prevent violations of this provision. The provisions of the act also apply to Porto Rico, the Philippine Islands, Hawaii, and any other territory under the jurisdiction and control of the United States. LESLIE M. SHAW, Secretary. * AN ACT To incorporate the American National Red Cross. SEC. 4. That from and after the passage of this Act it shall be unlawful for any person within the jurisdiction of the United States to falsely and fraudulently hold himself out as, or represent or pretend himself to be, a member of, or an agent for, the American National Red Cross, for the purpose of soliciting, collecting, or receiving money or material; or for any person to wear or display the sign of the Red Cross, or any insignia colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of, or an agent for, the American National Red Cross. Nor shall it be lawful for any person or corporation, other than the Red Cross of America, not now lawfully entitled to use the sign of the Red Cross, hereafter to use such sign or any insignia colored in imitation thereof for the purposes of trade or as an advertisement to induce the sale of any article whatsoever. If any person violates the provisions of this section, he shall be guilty of a misdemeanor and shall be liable to a fine of not less than one nor more than five hundred dollars, or imprisonment for a term not exceeding one year, or both, for each and every offense. The fine so collected shall be paid to the American National Red Cross. |