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etc., for foreign vessels of war, is governed by section 2982 of the Re. vised Statutes, and the privilege is only extended to the vessels of war of such nations as reciprocate towards vessels of war of the United States while in the ports of such nations.” I inclose a copy of the statutory provision, Accept, Viscount, etc.,

T. F. BAYARD.

No. 933.

Viscount das Nogueiras to dr. Bayard.

[Translation.)

LEGATION OF PORTUGAL, Washington, January 10, 1888. (Received January 10.) Mr. SECRETARY OF STATE: When in 1885 the Government of his most faithful majesty assumed the protectorate of the coast of Dahomey, its object was to strengthen European influence in that region of of Africa, to put an end to human sacrifices, and to employ ransomed prisoners of war in the agricultural works of the province of St. Thomé e Principé."

The realization of such an object could only be assured by the full and entire execution of the treaty of the 5th August, 1885, made between Portugal and Dahomey. The sovereign of that state, however, has raised doubts on many of the most important clauses of this convention, and by diminishing their importance and in contesting their validity be has succeeded in withdrawing himself from the accomplishment of the duties which resulted from that international agreement.

By direct investigations recently made, the Government of his majesty is convinced that the annual redemption of a hundred prisoners of war, made under very hard terms and rendered more difficult by obstacles raised by the King of Dahomey, did not at all diminish the continuation of human sacrifices.

The clauses of the treaty relative to the cession of territory were, besides, the object on the part of Dahomey of frequent disputes, and bis majesty's Government has practically recognized that the sovereign of that country could not or would not carry out the terms of the treaty in virtue of which the Portuguese protectorate was established.

Under these circumstances bis most faithful majesty's Government, not wishing to employ force to insure full compliance with the treaty, and still less to sbare the responsibility of events which will continue to take place in Dahomey, has felt itself obliged to renounce the protectorate of this country, and has charged me to inform the Government of the United States of that decision, as likewise of its renunciation of the rights which it had acquired, and that it had exercised on the coast of Dahomey; which at the same time relieves it from all the responsibilities which might result from the exercise of the protectorate.

While having the honor of making this communication to you I beg you, Mr. Secretary, etc.,

VISCOUNT DAS NOGUEIRAS.

No. 934.

Mr. Bayard to l'iscount dos Nogueiras.

DEPARTMENT OF STATE,

Washington, January 18, 1888. VISCOUNT: I have the honor to acknowledge the receipt of your note of the 10th instant, by which in obedience to instructions you communicate information that the Government of his Majesty the King of Portugal, having become satisfied that the obstacles placed by the King of Dahomey in the way of proper execution of the treaty of 1885 between Portugal and Dahomey, by which Portugal assumed the protectorate of the coast of Dahomey, warrant decisive action on its part, and not wishing to employ force, and still less to share the responsibility of the buman sacrifices which continue there in defiance of the treaty, has felt obliged to renounce the protectorate and the rights thereto appertaining, a decision which relieves it from the responsibilities resulting from the exercise of the protectorate. Accept, Viscount, etc.,

T. F. BAYARD.

No. 935.

Baron d'Almeirim to Mr. Bayard.

[Translation.)

LEGATION OF PORTUGAL IN THE UNITED STATES,

New York, March 23, 1888. (Received March 24.) Mr. SECRETARY OF STATE: My Government desires to cause the International Convention for the Protection of Industrial Property which was signed at Paris November 20, 1880, to be executed with the strictest reciprocity, and has therefore instructed me, in view of the reservations made in the name of this Republic by its representative, to procure for it a complete collection of the laws of the different States of the Amer. ican Union relative to trade marks, together with a copy of the act of March 3, 1881, concerning the ownership of foreign marks and of those used by American citizens in their trade with other nations.

My Government likewise desires to be informed whether the provisions of articles 3 to 12 of the convention and those of Nos. 1 to 4 of the final protocol are fully executed in this Republic; also, whether the same usage is accorded, without reserve, to the subjects of foreign powers as to American citizens.

That I may be enabled to obey the instructions of my Government I have recourse to your excellency's extreme kindness, begging you to be pleased to furnish the desired laws and information. I avail, etc.,

BARON D'ALMEIRIM, Consul and Chargé d' Affaires of Portugal.

.

No. 936.

Baron d'Almeirim to Mr. Bayard.

[Translation. )

LEGATION OF PORTUGAL IN THE UNITED STATES,

New York, May 14, 1888. (Received May 15.) Mr. SECRETARY OF STATE: The fact has come to the knowledge of my Government that a Portuguese criminal, whose real name is Maria da Luz Baptista, is now living in Boston, Massachusetts, under the name of Mrs. Botelho. This person was sentenced to banishment to Africa for life for the crime of poisoning her husband; she made her escape, however, some time since from the prison in St. Michael, Azores. My Govern. ment has consequently instructed me to apply to you for her extradition. So far as I am aware, there is no extradition treaty between my country and yours upon which I can base my application; yet the measures recently adopted by the American authorities to exclude from the territory of the Republic the swarms of criminals who arrive daily from all quarters of the globe, and the numerous instances in which extradition has lately been granted by the United States Government to other powers, lead me to hope that you will be pleased to grant the request which I hereby address to you.

I therefore trust, Mr. Secretary of State, that you will issue orders for the immediate arrest of this convict, to the end that she may be surrendered to the authorities of her native land, and be made to suffer the penalty to which she has been sentenced. I trust that you will do this not only out of regard to the principle of reciprocity, since my Gorernment has always readily acceded to all requests of this kind made by the United States Government, but also because it is so highly important to all countries that such horrible crimes should not remain unpunished.

The so-called Mrs. Botelho now resides at No. 18 Sidney street, East Cambridge, Boston, Massachusetts. I avail, etc.,

BARON D'ALMEIRIM, Consul in Charge of the Legation.

No. 937.

Mr. Bayard to Baron d'Almeirim.

DEPARTMENT OF STATE,

Washington, May 17, 1888. SIR : A. copy of your note of March 23 last, asking the construction placed by the Government upon certain articles of the convention for the protection of industrial property, was transmitted to the Department of the Interior and I have now the honor to inclose a copy of a letter from the Secretary of that Department, covering a report made to the Commissioner of Patents on the points stated in your notes and a copy of each of the pamphlets referred to in said report. Accept, etc.,

T. F. BAYARD.

[Inclosure 1.)

Mr. Vilas to Mr. Bayard.

DEPARTMENT OF THE INTERIOR,

Washington, May 14, 1888. SIR: I have the honor to acknowledge the receipt of your letter of the 30th of March last, inclosing copy of a communication from Baron d'Almeirim, in charge of the legation of Portugal at this capital, requesting information as to the laws of the different States of the Union relating to trade-marks, and also desiring to be informed whether certain articles of the international convention for the protection of industrial property are fully executed in this country and the same protection for inventions accorded by the United States to the subjects of foreign powers as to its own citizens.

In response I transmit herewith a report, prepared by Mr. F. A. Seely, the examiper of trade-marks of the Patent Ottice, in answer to the inquiries of Baron d'Alineirim, which has been received from the Commissioner of Patents with an expression of his approval of the views expressed thereiv; and also the publications referred to in the report of Examiner Seely. Very respectfully,

Wm. F. VILAS.

(Inclosure 2.)

Mr. Seely to Mr. Hall.

UNITED STATES PATENT OFFICE,

Washington, May 8, 1888. SR: I have the honor to return herewith the letter, dated March 23, 1888, addressed by Baron d'Almeirim, consul and chargé d'affaires of the Kingdom of Portugal, to the Secretary of State, and through the Secretary of the Interior referred to you to answer the inquiries it contains.

After stating the purpose of his Government to execute with the strictest reciprocity the international convention for the protection of industrial property (proclaimed by the President June 11, 1887), Barop d'Almeirim, on behalf of his Government, and in view of the reservations made by the representative of this country at the signing of the convention, asks for “a complete collection of the laws of the different States of the American Union relative to trade-marks,” together with a copy of tlio act of Congress of March 3, 1881.

I have the lionor to state that no completo collection of the laws of the States of this Union regarding trade-marks is known to exist, and therefore it will be impossible to comply with the above request in this particular. It should, however, be remarked that, under the Constitution and laws of the United States, aliens are entitled everywhere within the territory thereof to the protection of the Federal courts. Subjects of the Kingdom of Portugal who desire to protect their trade-marks in this country now have the privilege of registration upon showing that their trademarks are in actual use in commerce between the United States and Portugal or any other country foreign to the United States, and, in addition to their rights under the Constitution, may, by virtue of such registration, bring action to defend their trademark property in the United States courts. It is thought that the desire to be infor med upon ihe laws of the several States of the Union is based upon a misapprehension which this statement is intended to remove. The peculiar conditions of the Federal trado-mark law in 1880, when the convention was agreed upon, have passed away, and the reservation then included in it is practically obsolete.

Baron d'Almeirim asks further " whether the provisions of Articles III to XII of the convention, and those of Articles I to IV of the tinal protocol, are fully executed in this Republic; also whether the same usago is accorded without reserve to the subjects of foreigu powers as to American citizens.”

With respect to patents, the United States statute recognizes no difference between an American citizen and the subject of a foreign power. “Any person” who has made a new and useful invention is entitled to have a patent for it granted to brim upon payment of the legal fees and compliance with the requirements of law, without question as to his nativity, residence, or allegiance. This is not a matter of rights under treaties, but is the statute law of the United States. With respect to trademarks the right to register is accorded, on the same footing as to citizens, to all subjects of foreign powers which by treaty, convention, or law afford the same privilego to citizens of the United States. This grants the privilege of registration to subjects of all powers with which special connections exist for the reciprocal protection of trade-marks, and to the subjects and citizens of all States, members of the International Union. These enjoy all rights American citizens are entitled to by virtue of registration. At the same time the fact should not be overlooked that, without respect to registration, and long before any provision for registration of trade-marks was made by statute, aliens received in this country from its courts exactly the same protection as citizens. It appears, therefore, that what Articles II and III of the international convention propose to secure reciprocally to the subjects or citizens of the contracting states is already fully secured to all persons of whatever nationality in this country by virtue of the Constitution and laws of the United States.

It is not easy to give an answer to the more specific part of the second inquiry, that relating to the execution of the provisions of the articles named, since it is not known that any cases have arisen calling for their execution. What has been said above, however, sufficiently indicates the disposition of the United States in this regard. Article IV is interpreted in accordance with the spirit of American patent law that a patent is to be granted only to the first inventor; and the right of priority accorded by this article is held to constitute only a right of priority in filing the application, with whatever advantages may accrue therefrom, and not by any means a right to the patent. That is the right which belongs only to him who by the established tribupals is determined to be the first inventor. It has been agreed in the United States Patent Office that any person filing an application for a parent nder tho convention and within the seven months period prescribed in Article IV should have his application treated as is presented on the day on which his application was filed in the country of origin.

The requirement of Article VI is so far complied with that in one or two cases of applications from abroad for registration of trade-marks to which objection has been made in the oflice the applicant has been informed that the objections would be withdrawn on a proper showing that the same trade mark had been registered and protected in his own country. As yet, however, jo satisfactory evidence of such character has been produced in any case.

It is thought that some action of Congress is necessary to carry into full effect the provisions of Articles IX and X, specifying by law the proper officers to institute proceedings and the due procedure to be bad. Meanwhile there is no doubt that means will be found to defend the rights of alien owners of trade-marks unlawfully or fraudulently simulated, should occasion arise to demand the interposition of the courts. A bill amending the trade mark law so as to provide regularly for the seizures required under these articles has been presented to Congress and now awaits its action.

There is no difficulty in this country regardivg the other articles of the convention or of the final protocol, except the possibility of occasional embarrassment resulting from the obligation to register any trade-mark which is already registered and protected in the country of the applicant. It sometimes happens that public sentiment in one country will recognize as a legitimate trade-mark a device which in another either public sentiment or law would refuse to recognize. Public sentiment in the United States revolts at the use as trade-marks of symbols regarded sacred by any large faction of the people, while in many countries the sacred character of such symbols does not constitute an objection to their protection as trade-marks. On the other hand, a large number of public armorial bearings known in Europe are little known in this country, and when presented as trade-marks here are liable to be registered, thus imposing upon other countries under the treaty an obligation to protect them also. It is easy to see that difficulties may arise in the full enforcement of the first clause of Article VI and of Article IV of the final protocol, but an amendment to the trade-mark law intended to relieve any such difficulties has been presented for the consideration of Congress.

These difficulties, of probably rare occurrence, are referred to only to show that those immediately concerned with the execution of the provisions of the international convention have endeavored to anticipate and provide against them. Every effort will be made to carry out the provisions of the convention to the fullest extent in good faith, and it may be safely asserted that there is no privilege enjoyed under the laws of the United States by its citizens that are not secured to the citizens and subjects of all the contracting states.

A pamphlet containing the trade-mark laws of the United States and the Patent Olice rules relating thereto is inclosed herewith. For a fuller understanding of some parts of this letter attention is respectfully invited to the Annual Report of the Commissioner of Patents, pages 9 and 16, and to a brief “History of the International Union,” prepared in the Patent Office and printed for the information of the American public. In both of these the international convention is discussed from its American aspect, and they may assist Baron d'Almeirim in preparing a more complete report to his Government. I have, etc.,

F. A. SEELY. D. Ex. 1, pt. 1-88

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