PATENT OFFICE FORMS. APPLICATION FOR REGISTRATION. PETITION. 1. BY A SOLE APPLICANT. To the Commissioner of Patents: Your petitioner respectfully represents that he is domiciled1 in the United States, and is engaged in the manufacture and sale of [melodeons] at [the city of New York, N. Y.], and that he is entitled to the exclusive use upon said class of merchandise of the trade-mark described in the specification hereto annexed, and shown in the fac-similes to be herewith filed. He therefore prays that said trade-mark may be registered and recorded in the Patent Office, in accordance with law. [HENRY H. BRADLEY.] 2. BY A PARTNERSHIP. To the Commissioner of Patents: Your petitioners respectfully represent that they constitute the firm of [Scott, Newman, & Co.], domiciled in [the United States], and engaged in the manufacture and sale of [cotton-sheetings] at [Fall River, Massachusetts]; and that, as said firm, they are entitled to the exclusive use, upon said class of merchandise, of the trade-mark described in the specification hereto annexed, and shown in the fac-similes to be herewith filed. They therefore pray that said trade-mark may be registered and recorded in the Patent Office, in accordance with law. [SCOTT, NEWMAN, & Co., By MARTIN SCOTT, a member of the firm.] 1 The statute reads: "any person or firm domiciled in the United States." Domicile, in certain cases, being an essential prerequisite to registration, should be averred. 3. BY A CORPORATION. To the Commissioner of Patents: Your petitioner, a corporation created by authority of [section 4 of chapter 80 of the Acts of Congress of 1870 1], respectfully represents, that it is engaged in the manufacture and sale of [boots and shoes] at [Washington, District of Columbia]; and that it is entitled to the exclusive use, upon said class of merchandise, of the trade-mark described in the specification hereto annexed, and shown in the fac-similes to be herewith filed. It is therefore prayed that said trade-mark may be registered and recorded in the Patent Office, in accordance with law. [L. S.] [WASHINGTON CITY BOOT AND SHOE PETITION WITH Power of ATTORNEY. To the Commissioner of Patents: Your Petitioner [&c., as in the foregoing forms, to the end of the prayer, and then continue]; and he hereby appoints Solomon Sharp, of the city New York, N. Y., as his attorney in the presentation and prosecution of this application, to make the necessary amendments thereto, and to receive the certificate of registration.3 [Name.] SPECIFICATION. Specification of a trade-mark used by [Scott, Newman, & Co.], of Fall River, Massachusetts, for cotton-sheetings. [Our] trade-mark consists of a [crescent-shaped symbol and the word "Excelsior." These have been and are generally arranged, as shown in the accompanying drawing, above and below the fig 1 Or of any other authority of the United States, or of any State or Territory thereof, as the case may be. Or if the corporation be located in any foreign country which by treaty or convention affords similar privileges to citizens of the United States (sec. 77, Act of 1870), the form may be thus: "a corporation located in the city of Paris, in the Republic of France," &c. 2 Or any other officer of the corporation (sec. 77, Act of 1870). 3 The signature of the applicant is sufficient to authenticate this instrument, without its being acknowledged before a public officer. ure of a man represented as ascending the side of a mountain and carrying a banner, upon which is inscribed the word "Excelsior;" and the whole inclosed within an ornamental border, substantially like that shown in the drawing. But the figure of the man with the banner may be omitted, or some other device substituted for it, and the border may be changed at pleasure, or omitted altogether, without materially changing the character of our trade-mark, the two essential features of which are the crescent-shaped symbol and the word "Excelsior"]. last This trade-mark we have used in our business for [ten years past. The particular goods upon which we have used, and still use it, are made of cotton, and known as "sheetings;" and we are accustomed to print it, in blue ink, upon the outside of each piece of the manufactured goods. We have also printed it upon labels, which have afterward been pasted upon the separate pieces of sheetings, and also placed upon the outside of the cases in which the goods have been packed. Witnesses: SCOTT, NEWMAN, & Co., By MARTIN SCOTT, a member of the firm.] Benjamin F. Lloyd, Merwin Hallibow. AFFIDAVIT UPON APPLICATION FOR REGISTRATION OF A [Commonwealth of Massachusetts,' ss.] County of Franklin. Personally appeared before me, a [justice of the peace], the above-named [Martin Scott], who, being duly sworn, deposes and says that [he is a member of the firm of Scott, Newman, & Co., above named]; that [said firm] has the right to the use of the trade-mark described in the foregoing specification, and that no other person, firm, or corporation has the right to such use, either in the identical form or having such near resemblance thereto as might be calculated to deceive; and that the description and the 1 Or State of New York, or Territory of Idaho, or Kingdom of Spain, as the case may be. 2 As to the various officers before whom an oath may be taken for this purpose, see § 321. See, also, as to the proper official seal of a notary public. fac-similes presented for record truly represent the trade-mark sought to be protected; that the statements in the petition and specification are true; that he resides in [Boston], and all the other members of the firm reside at [Fall River, in said Commonwealth]; and that they are all domiciled in [the United States and are citizens 2 thereof]. [MARTIN SCOTT.] Sworn to and subscribed before me this [15th day of July, 1870]. [JOHN JURAT, Justice of the Peace.] AMENDMENT. To the Commissioner of Patents: In the matter of my application for registration of a trade-mark for melodeons, filed on the 18th day of September, 1872, I hereby amend my specification by striking out all between the tenth and thirteenth lines, inclusive, on page 1; by inserting after line nineteen on page 2 the words, "This trade-mark I have used in my business for seventeen years last past;" and by substituting the word "gilded" for "branded" in the last paragraph.3 HENRY H. BRADLEY. APPEAL OF APPLICANT.1 To the Commissioner of Patents: SIR, I hereby appeal to you in person from the decision of the Examiner of Trade-marks, dated November 15, 1872, in the matter of my application for the registration of a trade-mark for cigars. The following are assigned as reasons of appeal:— 1 Domicile need not be stated when the applicant is a non-resident of the United States. (See § 287-296, as to the commercial character imparted to one engaged in commerce abroad.) In such case, the place of residence in a foreign country must be stated. 2 Or is a citizen of the republic of Mexico, or a subject of the Queen of Great Britain, &c., &c. 3 This amendment involves the necessity of a new affidavit; for the specification is materially changed by the allegation of an additional fact, as to the length of time the mark has been used. 4 This form may readily be adapted to the case of a partnership, or of a corporation. The appellant may set forth as many reasons as suggest themselves to his mind. This appeal being in the nature of a rehearing, no fee is required therefor. 1st. The Examiner erred, in holding that my residence in the island of Cuba at the time of application debarred me from the benefits of the Act of Congress approved July 8, 1870, in relation to the registration of trade-marks, inasmuch as, by his own admission and by the evidence filed by me, it is clearly shown that I was then a citizen of the United States.1 2d. He erred, in holding that the words "Improved and Excellent" do not constitute a lawful trade-mark.2 3d. He erred, in holding that a statement of the length of time the said trade-mark had been used by me is an essential requisite. 4th. He erred, in (&c. &c.). [LEMUEL STONE.] TRANSFER OF A TRADE-MARK. We, Jotham Mills and Abner Clark, of Keokuk, Iowa, partners under the firm name of Mills & Clark, in consideration of five hundred dollars to us paid by Jarvis Case, of the same place, do hereby sell, assign, and transfer to the said Jarvis Case and his assigns the exclusive right to use in the manufacture and sale of stoves a certain trade-mark for stoves the description and fac-similes of which trade-mark were duly deposited by us in the United States Patent Office, and recorded therein; the same to be held, enjoyed, and used by the said Jarvis Case as fully and entirely as the same would have been held and enjoyed by us if this transfer had not been made. Witness our hands this 20th day of December, 1872. W. T. P. & C. McC., doing business as firm of P. & McC., Baltimore, Md. Please find below a copy of a communication from the Trade 1 See §§ 290, 291, 295, ante. 2 See § 276, ante. 3 See § 316, ante. 4 The assignment of an abstract symbol as a trade-mark is not within the range of legal possibility (see § 361). Therefore, unless the purported assignors had actually reduced the thing to possession, by affixing it as their trade-mark to the stoves sold by them, they had no title to convey, and this so called transfer is a nullity in law. |