at Washington,' and in the clerk's office of the Tribunal of Commerce of the Seine, at Paris.

CONVENTION between the United States and the German Empire. Proclaimed June 1, 1872.

ARTICLE XVII.

With regard to the marks or labels of goods, or of their packages, and also with regard to patterns and marks of manufacture and trade, the citizens of Germany shall enjoy in the United States of America, and American citizens shall enjoy in Germany, the same protection as native citizens.

ADDITIONAL ARTICLE to the Treaty of Navigation and Commerce between the United States of America and the Emperor of Russia, of the 18th of December, 1832. Concluded and signed at Washington, January 27, 1868.

The high contracting parties, desiring to secure complete and efficient protection to the manufacturing industry of their respective citizens and subjects, agree that any counterfeiting in one of the

1 Many errors have been committed in consequence of a misconception of the scope and meaning of the language of this article. The Commissioner of Patents, on the 6th of December, 1872, made a decision thereon of which the following is an extract: "That clearly means that a resident of this country wishing to secure protection for his trade-mark in France must give constructive notice to the people of that country, by depositing duplicate copies in the clerk's office of the Tribunal of Commerce of the Seine; and so of a resident of France, who is required to deposit his mark in this Office. So far as the tribunals of this country are concerned, the mere deposit of copies of a mark in this Office, by residents of this country, does not amount to registration. The Act of Congress of July 8, 1870, is the governing rule in the latter case" (Matter of Lanman & Kemp).

Before the passage of the Act of 1870, many residents of the United States deposited copies of their marks in the Patent Office. That was done without authority of law, and consequently no certificate of such deposit can be received in evidence. This is an important point.

2 The use of this word must not be permitted to mislead into the idea that labels are technical trade-marks; for, as has been shown in the foregoing treatise, they are only mere vehicles for trade-marks.

8 These five words mean trade-marks proper.

Observe the broad term, which must be limited to citizens of the United

States.

two countries of the trade-marks affixed in the other on merchandise to show its origin and quality, shall be strictly prohibited and repressed, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven.

The trade-marks in which the citizens or subjects of one of the two countries may wish to secure the right of property in the other, must be lodged exclusively, to wit: the marks of citizens of the United States in the Department of Manufactures and Inland Commerce at St. Petersburg, and the marks of Russian subjects at the Patent Office in Washington.

LAWS OF VARIOUS COUNTRIES.

AUSTRIAN LAW OF DECEMBER 7, 1858.

I. General Provisions.

ART. 1.— Under the name of trade-marks are understood, in the present law, the particular signs serving to distinguish in commerce the products and the merchandise of one manufacturer from the products and merchandise of another (emblems, ciphers, vignettes, &c., constituting such signs).

ART. 2.- When a manufacturer desires to secure the exclusive use of a trade-mark, he must register it, conformably to the provisions of the following chapter.

ART. 3. - A person cannot obtain an exclusive right to marks consisting of signs in general use in commerce for particular merchandise, nor to marks which consist only of letters, words, or numerals, nor of the arms of the State or of its provinces.

ART. 4. The exclusive right to a trade-mark only prohibits other manufacturers from the right to use the same mark on the species of merchandise belonging to the production or objects of commerce and industry to which the protected mark has been appropriated.

ART. 5. The right to an exclusive mark is inherent in the industrial enterprise to which the mark is attached. This right is extinguished with the enterprise. A change of the enterprise changes also the proprietorship. In this case, however, the new

proprietor is obliged to have within three months the mark transcribed in his name under penalty of forfeiture, except always in a case where the manufacture shall be continued by the widow or a minor heir of a manufacturer, or on account of an estate in succession or in bankruptcy.

ART. 6. No person shall arbitrarily take the name, the firmtitle, nor the escutcheon or denomination of another manufacturer or native, to designate merchandise or products.

ART. 7. All that is stated in the present law in regard to trade-marks shall apply equally to marks borne on packages, boxes, vases, envelopes, &c.

ART. 8. The present law does not change any of the provisions in regard to particular marks ordained for certain classes of merchandise, especially the provisions as to stamping.

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II. Registration of Marks.

ART. 9. The mark of which a manufacturer desires to secure the exclusive right (art. 2) must be deposited in duplicate at the Chamber of Commerce and Industry of the district in which his manufactory is situate and carried on. One of the copies shall remain on deposit at the Chamber of Commerce and Industry, and be attached to the register of inscription; the other is returned to the depositor furnished with the statements designated in the following article.

ART. 10. On each of the two copies the employé or functionary appointed for the purpose by the Chamber of Commerce and Industry shall write: a, the number of the order of registry; b, the day and hour of presentation; c, the name of him for whom the mark has been registered; d, the designation of the commercial enterprise to which the work is appropriated;-to which he shall affix his signature and seal of office.

ART. 11. The registration is subject to a tax of 10 florins, which shall be paid into the fund of the Chamber of Commerce and Industry.

ART. 12. - From the day and the hour of the presentation of the mark at the Chamber of Commerce and Industry commences the right of the depositor to the exclusive use of the mark, and it is as of this period that his right of priority shall be judged, in case the same mark shall be deposited by another person in the same Chamber or in other Chambers of Commerce and Industry.

ART. 13. To obtain the transcription of the right to a mark, in the sense of article 5, the applicant must present the proof of

acquisition of title to the industrial enterprise in question. The transcript is subject to the same tax as the first registration.

ART. 14. The Chamber of Commerce and Industry shall always keep the register of marks open to the inspection of the public.

III. Usurpations, Contraventions, and Penalties.

ART. 15.- Every usurpation of right to a mark, whether by reason of unlawful appropriation or the counterfeiting of a mark for the sale of merchandise bearing the spurious mark, shall give the right to the injured party to demand the final cessation of unlawful use of said mark, and its suppression on merchandise invested therewith and intended for sale. The injured party may also demand the destruction of instruments and appliances used exclusively or principally to counterfeit said mark. The right of the injured party to recover damages for the harm suffered in consequence of the usurpation of his right to the mark shall be adjudged according to the provisions of the civil code.

ART. 16. It is counterfeiting when the marks in question cannot be distinguished one from the other without requiring an inspection more keen than ordinary.

ART. 17. The provisions contained in article 15 are also applicable against those-a, who illegally appropriate the name, the firm-title, the escutcheon, or particular denomination of the commercial establishment of an industrial centre or producer, to designate merchandise intended for sale; and those-b, who expose for sale products or merchandise marked with an interdicted sign of this nature.

ART. 18. If the usurpation (arts. 15 and 17) has been knowingly committed, the wrong-doer is amenable to damages in from 25 to 500 florins, independently of the penalties which may have been pronounced against him, according to the provisions of the general penal code.

ART. 19. In case of repetition of the offence, the penalty shall be doubled. In case of further repetition, the wrong-doer shall be amenable, independently of damages, to an imprisonment of from one week to three months.

ART. 20. If the fine should be such as might too sensibly affect the pecuniary means of the condemned, or exhaust the resources needed by him for the subsistence of himself and family, or hinder him from satisfying the judgment for damages, the fine shall be converted into an imprisonment of one day for each sum of 5 florins.

ART. 21.—The judge of the misdemeanor may also order the judgment to be made public.

ART. 22. -The amount of fines shall go into the funds of the poor of the place where the wrongful act shall have been committed.

IV. On Authorities and Mode of Procedure; and V. On Transitory Provisions, are not of general interest.

BAVARIA.

In Bavaria, a law of March 5, 1840, regulates property in trademarks, labels, &c. From the time of the passage of that law the mark has not been obligatory, but may consist of the name of the fabricant, accompanied by the indication of his place of manufacture; or in any emblem whatever.

To secure the exclusive property in the mark chosen by him, the manufacturer must make before the police authorities of his district a declaration of the mark adopted by him, and deposit a representation and one copy of it. This declaration is to be inscribed in a special register, and a certificate delivered to the declarant. This register is public, so that all may take notice of it.

The punishment for counterfeiting is a fine of from 10 to 50 florins, doubled for a second offence, besides temporary or final suspension from the manufacturing or other industry of the counterfeiter, according to circumstances. This is in addition to damages to the party injured.

This law is applicable to foreign trade-marks and firm-names, always upon the condition that the owners affix to their products their names and places of domicile, or make the declaration or deposit with the police authorities in one of the districts of the Kingdom of Bavaria, - Provided the same protection shall be accorded and assured to Bavarians in the country of the foreign manufacturer.

BELGIUM.

The French legislative rules still govern in the matter of trademarks. Thus there are still in vigor the decrees of 1801 relative to hardware and cutlery; the law of 1803 relative to manufactures, fabrics, and workshops; the imperial decree of 1810 containing provisions for the suppression of the counterfeiting of trade-marks on hardware and cutlery; and the imperial decree of 1809 relating to the conseils de prud'hommes.