DESIGN PATENTS.

ARGENTINE REPUBLIC.

No law has been passed for the protection of designs, and there is no way that we know of in which protection may be obtained.

AUSTRIA.

Our charge is $20, $25, or $30, according to the length of the term of protection, which may be one, two or three years, as the applicant may elect. The latter term cannot be prolonged.

As there is no treaty or convention in force between Austria and the United States upon the subject of designs, citizens of the United States can only obtain registration in the name of an agent or representative resident in Austria, or in some one of the following countries, which have existing treaties with Austria, viz., France, Germany, Great Britain, Hungary, Italy, Portugal, Roumania, Servia, and Spain. Persons or firms domiciled or having commercial establishments in any one of these countries may obtain registration in their own names. We can arrange to have such registrations effected in the name of our agent, when desired.

In case of foreign designs, in order to register the design in Austria, it is necessary to register the same in Hungary also, and vice versa.

The design must not, at the time of application, have been commercially used or published in any country, or have been registered in Austria in the name of another person.

Protection will cease if the design is not commercially used in Austria within one year from the date of registration, or if the proprietor introduces into Austria merchandise manufactured abroad after the same design.

The registration of a design only affords protection for the exact form of the object illustrated in the drawings or shown in the model. No modifications can be shown or claimed, a separate application being necessary for each distinct modification to be protected.

The provisions of the design law were extended to include Bosnia and Herzegovina by the law of December 20, 1879.

DOCUMENTS REQUIRED.

(1) Powers of Attorney, (one for Austria and one for Hungary), both signed by the applicant, and legalized by an Austrian Consul.

(2) A statement giving the full name, address and occupation of the applicant, a description of the design, and the manner of employing the same.

(3) Four copies of the design (drawings or photographs) on tracing cloth, or paper, of any suitable size. In case the design is applied to small articles of metal, glass, clay, or the like, samples may be, and usually are, required.

BELGIUM.

Our charge is $22.50. The term of protection is one, three, or five years, or forever, as elected by the applicant. Where a design is already registered in a foreign country, the term of protection in Belgium cannot exceed that granted in the country of origin. There are no requirements as to the commercial use of the design in Belgium, and no prohibitions as to importation.

The design must be new in Belgium at the time the application is filed. Valid protection cannot be obtained in Belgium after the design has become public property in the country of origin.

Foreigners may apply for and obtain protection for designs, when Belgians may, by law or treaty, obtain similar protection in the country of origin.

DOCUMENTS REQUIRED.

(1) Power of Attorney, signed by the applicant.

(2) Two copies of the design, (drawings, sketches, or photographs,) on tracing cloth, or thin paper, any suitable size.

(3) A statement, containing the name, address, and occupation of the applicant, and a description of the design, and the manner of its employment, and stating the term for which protection is desired.

BRAZIL.

No law has been enacted as yet, and we know of no way in which protection may be obtained.

CANADA.

Our charge is $35. The term of protection is five years, and can be extended for another further term of five years, upon payment of a fee of $10. No further extension can be obtained. The applicant for protection may be the author or the proprietor of the design. At present, registrations can only be effected in the names of residents in Canada. It is necessary, therefore, if a citizen of the United States desires to register a design in Canada to effect the registration in the name of an agent or representative residing within the Dominion of Canada. We can arrange to have such registrations effected in the name of our agent, when so desired.

All articles to which a registered design is applied must be marked. If the manufacture is a woven fabric, it must be marked with the letters "Rd." upon one end thereof; and if any other substance, with the letters "Rd." with the year of the registration at the edge, or upon any convenient part thereof. The mark may be put upon the manufacture by making it on the material itself, or by attaching thereto a label containing the proper marks

Upon the filing of an application, an examination is made as to the novelty of the design. No design identical with, or which so closely resembles a design already upon the register as to be confounded therewith, can be registered.

The design must not have been published at the time the application is filed. All suits for counterfeiting or imitating a design must be brought within twelve months from the commission of the offence complained of.

DOCUMENTS REQUIRED.

(1) Application in duplicate, signed by the applicant and two witnesses. The application must contain a complete description of the design, and the manner of its employment.

(2) Drawings in duplicate, on sheets of paper or cardboard measuring 8 x 13

inches.

(3) Power of Attorney, signed by applicant and two witnesses.

CAPE COLONY.

Our charge is $45. The term of protection is five years. There is no restriction as to the nationality of the applicant, who may be either the author or the proprietor.

The design must be new and original, and at the time the application is filed must not have been published within Cape Colony.

All articles to which a registered design is applied must be marked with the abbreviation "Rd." and with the number appearing upon the certificate of registration, unless the design is printed or woven on textile piece goods, handkerchiefs or shawls, in which case the abbreviation used must be " REG."

The right to the use of a design is assignable. Assignments must be recorded within three months from the date of execution, and the certificate of registration must be produced for endorsement of such assignment. The classification of goods is precisely the same as in Great Britain. A separate application is required for each class in which a design is registered.

DOCUMENTS REQUIRED.

(1) Power of Attorney, signed by the applicant.

(2) Application, signed by the applicant.

(3) Statement, containing the full name, address and occupation of the proprietor, and a description of the design, clearly defining the part or parts of the design claimed as new and original, and stating the manner of use or employment.

(4) Three drawings, photographs, tracings, exact representations or specimens of the design. Drawings on tracing paper should be mounted upon heavier paper. Specimens must be of such a nature as to admit of their being pasted into books, and must not measure more than 12 x 21 inches. Only two views of the design can be given, and both must be upon the same sheet.

CHINA EMPIRE.

Designs may be protected in the Empire of China, in the same manner as other inventions, and by complying with the same formalities as in the case of patents or trade marks.

Our charge is $125. The term of protection is practically unlimited.

The applicant may be the author or proprietor, there being no restrictions. There is no requirement as to novelty, but the application should be filed before any public use of the design in China.

DOCUMENTS REQUIRED.

(1) Power of Attorney, signed by applicant and two witnesses.

(2) A description of the design, and the manner of its use or employment, also stating the name, address and occupation of applicant, and whether he claims as author or proprietor.

(3) Three copies of the design, (drawings, photographs or sketches), on tracing cloth or bristol board, any suitable size.

(4) Two wood-cuts, or electrotypes, illustrating the design, of any suitable size, but as small as possible.

DENMARK.

No law has been enacted for the protection of industrial designs up to the present time, and there is no way in which protection can be secured, unless the design is of such a nature that it may properly be protected either under the patent or the trade mark laws.

FRANCE.

Our charge is $22.50. The term of protection is one, three, or five years, or forever, as elected by the applicant. Where a design has already been registered in a foreign country at the time the application for registration is filed in France, it is thought that the term of protection in France cannot exceed the term granted in the country of origin, but this has not been definitely decided. There are no requirements as to the commercial use of the design in France, and no prohibition of the importation of manufactured articles from foreign countries.

The design must not have been published or commercially used in any country at the time the application is filed.

Foreigners, whether domiciled in France or not, may register their designs in France, if the nation to which they belong has a treaty of reciprocity with France. The following countries have reciprocity treaties with France at the present time: Austria, Belgium, Germany, Great Britain, Holland, Italy, Norway, Peru, Portugal, Russia, Sweden, Switzerland and the United States.

France is a member of the International Convention, and citizens or subjects of countries belonging to the Union may obtain registration.

DOCUMENTS REQUIRED.

(1) Power of Attorney, signed by the applicant, and legalized by a French Consul.

(2) Two copies of the design, (drawings, sketches, or photographs), on tracing cloth, or thin paper, any suitable size.

(3) A statement, containing the name, address and occupation of the applicant, a description of the design, and the manner of employing it, and stating the term for which protection is desired.

GERMANY.

Our charge is $25. The term of protection is three years, but may be prolonged for an additional term of three years, upon payment of a tax amounting to 60 marks.

The application for registration should be filed before any publication or commercial use of the design in any country.

No examination is made by the Patent Office as to the novelty of the design. As it has been held by the courts that registration can only be validly effected by residents of Germany, citizens of the United States can only obtain protection by effecting registration in the name of a representative residing in Germany. We can arrange to have such registrations effected in the name of our agent, when so desired.

There are no requirements regarding the working, i. e., the manufacture and sale of articles to which the design is applied, within Germany.

DOCUMENTS REQUIRED.

(1) Power of Attorney, signed by the applicant.

(2) A drawing or model of the design. Mechanical drawings, photographs, sketches, or prints are accepted, and may be upon bristol board or tracing cloth of a size 8 x 13 inches. If a model is furnished, it must not exceed 19 inches in length, breadth, or height.

(3) Statement, containing a full description of the design and the manner of its employment, the novel features claimed being clearly pointed out. The statement should also give the applicant's full name, address and occupation.

GREAT BRITAIN.

Our charge is $22.50. The term of protection is five years from the date of registration. This term cannot be renewed or prolonged. There is no restriction as to the nationality of the applicant.

The design must be new and original, and, at the time of the application, must not have been previously published or used within the United Kingdom. A design is not new if previously registered in another class, so that concurrent applications should be filed in as many classes as the inventor wishes to register the design.

All articles to which a registered design has been applied must be marked with the letters Rd., followed by the number of the certificate of registration, unless the design is applied to textile piece goods or handkerchiefs, or shawls, when the articles should be marked with the letters Regd., followed by the number of the certificate of registration. Should the proprietor fail to properly mark such articles, the copyright in the design will cease, unless he can show that he took all proper steps to ensure the marking.

If a registered design is used in manufacture in any foreign country, and is not used in Great Britain within six months of its registration in that country, the copyright in the design will cease.

The applicant should point out in his application whether the design is applied to the pattern, shape or configuration.

CLASSIFICATION.-Designs are classified according to the materials to which they are applied. A separate registration is required for each class for which