HEARINGS U.S. Conquess. Hau ^ BEFORE THE COMMITTEE ON PATENTS SUBCOMMITTEE ON TRADE-MARKS HOUSE OF REPRESENTATIVES TRADE-MARKS TUESDAY, MARCH 15, 1938 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE OF THE COMMITTEE ON PATENTS, Washington, D. C. The subcommittee met at 10:15 a. m., Hon. Fritz G. Lanham (chairman) presiding. (The bill H. R. 9041 is as follows:) [H. R. 9041, 75th Cong., 3d sess.] A BILL To regulate commerce by making unlawful the false and deceptive marking of goods or services to provide for the registration of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful (1) to introduce or deliver for introduction or to receive in commerce any copy, counterfeit, or colorable imitation of any trade-mark registered under this Act, or (2) to use in commerce any such copy, counterfeit, or colorable imitation upon or in connection with the merchandise set forth in the certificate of registration or merchandise of such a character that the use of the copy, counterfeit, or colorable imitation in connection therewith is likely to cause confusion or mistake or to deceive purchasers. Said acts are each declared to be unlawful and shall be actionable at the suit of any person injured thereby. TITLE I-THE PRINCIPAL REGISTER SEC. 2. Trade-marks used in commerce shall be registered in the following manner: (a) By filing in the Patent Office (1) a written application, verified by the applicant, in such form as may be prescribed by the Commissioner; (2) a drawing of the trade-mark; and (3) such number of specimens or facsimiles of the trade-mark as actually used as may be required by the Commissioner. (b) By paying into the Patent Office the sum of $15. (e) By complying with such rules or regulations, not inconsistent with law, as may be prescribed by the Commissioner. (d) If the applicant is not domiciled in the United States he shall designate by a written document filed in the Patent Office some person resident in the United States on whom may be served notices or process in proceedings affecting the trade-mark. MARKS REGISTRABLE SEC. 3. No mark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration as a trade-mark on account of its nature unless it (a) Consists of or comprises immoral, deceptive, or scandalous matter; (b) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof; (c) Consists of or comprises the portrait or signature of a living individual unless by his written consent, or the name, portrait, or signature of any deceased President of the United States during the life of his widow, if any, unless by her written consent; 1 |