ARTICLE 2.

Other persons whose residence or principal establishment is in the territory of the contracting parties are considered, by tais arrangement, as being on the same footing with the subjects or citizens of the said parties.

ARTICLE 3.

If notice is given of an invention, pattern, model, or trade-mark in the territory of one of the contracting parties with a view to the obtainment of protection, and if such notice is also given, within the time designated below, in the territory of the other contracting party, then

(a) The latter notice must precede all notices that have been given in the territory of the other party subsequently to the time when the former notice was given.

(b) The object of the former notice shall not be deprived of its recency in the territory of the other party by circumstances arising subsequently to the time when the said notice was given.

The time fixed is six months. In the case of patterns and models, and also of trade-marks, it begins at the time when the first notice is given, and in that of inventions it begins at the time when the patent is granted.

ARTICLE 4.

The importation of goods manufactured in the territory of one party, on the ground of an invention of a pattern or model, into the territory of the other party, shall involve no unfavorable consequences as regards the protection of the pattern or model in the territory of the latter.

ARTICLE 5.

The owner of a trade-mark that has been registered in the territory of one of the parties can not be prohibited from registering the same in the territory of the other party on the ground that the external form of the mark does not meet the requirements of the laws.

ARTICLE 6.

For trade-marks that are generally considered, in the territory of one party, as distinguishing the goods of a particular association of manufacturers in that territory, or of a particular district or locality belonging to that territory, the subjects or citizens of the other party can not obtain protection. The same is the case as regards coats of arms and other signs or emblems that are reognized in the territory of the other party as appertaining to the State, a community, or any public association

ARTICLE 7.

Each of the contracting parties shall adopt measures to prevent the sale and the offering for sale of goods that are designated incorrectly, and with intent to deceive, as coming from a locality situated in the territory of the other contracting party.

EXPLANATORY REMARKS.

The main principle laid down in article 1, which places the subjects or citizens of both contracting parties on the same footing in respect to the acquisition and assertion of industrial rights in each of the two countries, correspond to article 2 of the union treaty of March 20, 1883. For the obtainment and exercise of these rights the laws of that country whose protection is sought are, of course, to be complied with, in so far as the following articles do not involve an exception.

In the wording of article 2 the resolutions of the Madrid Conference concerning the "assimilation of foreigners" have been borne in mind. As the principal manufac turing countries belonging to the union are not willing to allow the subjects or citizens of other countries to be placed on the same footing [with their own subjects or citizens], unless they reside in a country belonging to the union, or unless their principal industrial establishment is in such a country, the countries that do not belong to the union will be compelled, for the present, to adopt this restriction, in order to prevent the situation of their own subjects or citizens from being rendered less favorable than that of the subjects or citizens of the union countries.

In the subsequent articles those persons who are benefited by the stipulations of the treaty, according to articles 1 and 2, are not again designated. It is understood from the contents of the latter article that the privileges proposed in articles 3, 4, and 5 are not to be granted to the subjects or citizens of third States who are not

placed by article 2 on the same footing with the subjects or citizens of the contracting parties.

In Article 3 the principle laid down in Article 4 of the treaty concluded by the union is formulated in a manner that will probably be found to harmonize with the form of the protective arrangements in Germany and the United States.

Under the head of patterns and models are to be understood all articles that are to be considered as samples in matters either of taste or utility. The laws of the two countries differ, it is true, in that while America does not, Germany does recognize a previous material examination in this line; the length of the time fixed for securing rights of priority will, however, in all probability, meet the interest of America also.

As to inventions, properly so called, no advantages would accrue to persons announcing them in the States which make the issuance of a patent dependent upon an official examination as to whether the distinguishing characteristics of an invention are present, if the time fixed for securing the right of priority should begin at the time of giving notice of the invention. The United States of America have already become convinced of this, and at the Madrid conference they laid stress upon the fact that the union treaty, in its present form, possessed no value so far as their territory was concerned. The two other States of the union which do not allow patents to be issued until an examination has taken place, viz, Sweden and Norway, have endeavored to remedy the difficulty by considering-in virtue of their domestic laws-the time when the patent is granted as the beginning of the period fixed by the union treaty.

A special stipulation providing that a [the] notice, on the ground of which the privilege is rendered valid, shall meet the formal requirements of the country in which it is given, does not appear to be necessary. The party seeking protection will, on subsequently giving notice in the other country, have to prove, by the presentation of official certificates, that these requirements have been complied with. On the other hand, as to the material requirements concerning the notice, they are to be judged exclusively according to the laws of the country in which the grant of the right is sought.

The effects of the privilege are circumscribed in the same way as in Article 4 of the union treaty.

The proposition made in Article 4 contains a statement of the principles laid down in Article 5 of the union treaty, which are contradictory, and have, consequently, not been uniformly carried out by the individual States of the union.

Article 5 reproduces the principle touching the reciprocal recognition of presumptions for the registration of trade-marks contained in Article 6 of the union treaty. The wording of the article has been changed from that of Article 6 of that treaty, so that it may appear with certainty that a privilege in itself is to be granted only as regards the external condition of the mark (form, composition, etc.), while, with respect to the other presumptions relative to registration, the laws of the country in which registration is applied for are to be obeyed. That the treaty of March 20, 1883, is the outcome of the same views, appears from the final protocol in the part referring to Article 6.

The main object of Article 6 is to reconcile the conflicting interests of individual manufacturers and of large associations connected by similar industrial interests. As to Article 7, the resolutions adopted by the Madrid conference concerning the prevention of improper designations of goods are of so comprehensive a character, and for that very reason so little circumscribed, that there appears to be considerable room for doubt whether they will be efficiently and uniformly enforced even in those States of the union in which they are ratified. To this must be added that several States of the union have, from the very outset, been strenuously opposed to the resolutions. Yet, even in a material point of view, it appears to be a very hazardous proceeding to hamper and disturb trade and business relations by regulations of general application, concerning the scope of which even an approximately correct opinion can not be formed in advance. The effect of such provisions goes far beyond the object had in view, viz, the prevention of dishonest speculation.

The draft occupies essentially the same ground as the union treaty of March 20, 1883, and seeks, by a clear provision, which can easily be carried out, to prepare the way for the abolition of prevailing abuses. Article 7 prohibits all persons from mentioning, with intent to deceive, any locality situated in the territory of the other party as the place of origin. It is not intended to exclude hereby such designations from which it is merely to be inferred that the goods are made by the same manufacturing process, and that they possess the same qualities as goods manufactured in the foreign locality. It is not advisable to regulate, in the treaty itself, the way and manner in which the prohibitory provision of each country is to be executed (penal provisions, prohibition to import, seizure), especially since the union treaty and the Madrid resolutions allow freedom of action in this respect to the individual

countries.

[Inclosure 2.-Translation.]

An act for the protection of trade-marks, dated November 30, 1874.

We, William, by the grace of God, German Emperor, King of Prussia, etc., hereby order, in the name of the German Empire, with the consent of the Bundesrath and the Reischstag, as follows:

SECTION 1. Manufacturers, whose firm names have been entered in the commercial register, may give notice, before the competent court (for the purpose of having them entered in the commercial register of the place where their principal establishment is situated), of trade-marks, which are to be placed upon their goods or upon the packages containing them, with a view to distinguishing said goods from those of other manufacturers.

SEC. 2. The notice must be accompanied by a plain representation of the trademark (section 1), together with a list of the kinds of goods for which the mark is intended, and the signature of the firm.

SEC. 3. The registration of trade-marks whose use is protected by law for the giver of the notice concerning them, and that of marks which, up to the beginning of the year 1875, have been generally known in the trade as distinguishing the goods of a particular manufacturer, shall not be refused.

Registration shall, however, be refused if the marks consist entirely of numbers, letters, or words, or if they contain public armorial bearings or representations likely to give offense.

SEC. 4. Registration shall take place in the name of the firm giving the notice. The time when the notice is given shall be mentioned in the registration. If a trademark that has been previously registered shall be registered anew, owing to the removal of the principal establishment, the time when the first notice was given shall be mentioned when such trade-mark is reregistered.

SEC. 5. A registered trade-mark shall, on application of the firm, be canceled. Cancellation shall take place

1. When the firm name is canceled in the commercial register.

2. When notice is given of a change in the firm, and no notice is given, at the same time, that the trade-mark is to be retained.

3. When ten years have elapsed since the registration of the mark without any notice having been given of its retention, or since the date of such notice without any renewal thereof.

4. When the mark, according to section 3, should not have been recorded.

SEC. 6. The first registration and the cancellation of a trade-mark shall be an. nounced in the German Advertiser of the Empire (Reichs-Anzeiger).

The cost of the announcement of the registration shall be borne by the firm. SEC. 7. A fee of 50 marks shall be required for the first registration of a trademark not protected by law.

The governments of countries may remit the fee for the registration of marks which, up to the beginning of the year 1875, have been generally known in the trade as distinguishing the goods of a particular manufacturer.

No fee shall be required for other registrations and cancellations.

SEC. 8. The firm for which notice was first given shall have the exclusive right to place marks of which notice has been given to the commercial register on goods or on the packages containing them, or to introduce goods thus marked into the trade. SEC. 9. No person can, by giving notice, acquire a right to trade-marks protected by law, or to marks which, up to the beginning of the year 1875, were generally known in the trade as distinguishing the goods of a particular manufacturer, with the exception of the owners who are legally protected or who are generally recognized in the trade, provided that the said owners give notice prior to October 1, 1875. SEC. 10. No one shall be prevented, by the announcement of a trade-mark containing letters or words, from using his name or that of his firm, although it be in an abbreviated form, for the purpose of distinguishing his goods.

No person can, by giving notice, acquire a right to trade-marks which have hitherto been freely used by all or by certain classes of manufacturers, or the registration of which is not permissible.

SEC. 11. A firm for which a trade-mark has been registered must allow that mark to be canceled on the application of a person who has the right to prevent it from using the mark, or, if the trade-mark is one of those mentioned in section 10, paragraph 2, the firm must allow it to be canceled on the application of an interested party.

SEC. 12. The right acquired by giving notice of a trade-mark shall be canceled1. When the notice is withdrawn, or when application is made for its cancellation by the firm having acquired such right.

2. In one of the cases contemplated in section 5, Nos. 1, 2, and 3.

SEC. 13. Any manufacturer or dealer doing business in the territory of the German Empire may bring an action at law against any person who shall illegally mark goods or the packages containing them with a trade-mark to whose protection such manufacturer or dealer is entitled according to the provisions of this act, or against any person who shall illegally mark goods or the packages containing them with the firm name of such manufacturer or dealer, the object of such action at law being to secure a decision to the effect that the person so marking his goods or the packages containing them has no right to do so.

A manufacturer or dealer may, in like manner, bring an action at law against any person who shall introduce into the trade or expose for sale illegally marked goods, the object of such action at law being to secure a decision that such person has no right to introduce goods thus marked into the trade or to expose the same for sale. SEC. 14. Any person who shall knowingly mark goods or the packages containing them with a trade-mark which, according to the provisions of this act, is entitled to protection, or who shall knowingly mark them with the name, or the firm name of a manufacturer or dealer doing business in the Empire, or who shall knowingly introduce into the trade, or expose for sale such illegally marked goods, shall be punished by a fine of from 150 to 3,000 marks, or by imprisonment for a term not exceeding six months, and shall be liable to the injured party for damages. Prosecutions shall be instituted on application only.

SEC. 15. Instead of any damages based on the ground of this act, a fine, the amount of which shall not exceed 5,000 marks, may, on application of the injured party, be ordered to be paid to him in addition to the penalty. The convicted parties shall be liable as joint debtors for the payment of this fine.

When the payment of a fine is ordered, this shall exclude the presentation of any further claim for damages.

SEC. 16. The court shall decide, according to its convictions, after duly considering all the circumstances, whether any damage has been done; and, if so, what the amount thereof is.

SEC. 17. If a sentence is pronounced on the ground of section 14, the destruction of the marks on the packages or the goods shall, on application of the injured party, be ordered as regards the goods in possession of the convicted party; or, if the removal of the marks is possible in no other way, the destruction of the packages or of the goods themselves shall be ordered.

If a sentence is pronounced in penal proceedings the injured party shall be authorized to publish the sentence at the expense of the convicted party. The manner and time of publication shall be fixed in the sentence.

SEC. 18. The protection granted to the owner of a trade-mark, of a name, or of a firm name by the provisions of this act shall not be forfeited by the fact that the trade-mark, the name, or the firm name is reproduced with alterations that can be perceived only by very close observation.

SEC. 19. Civil suits in which a claim is preferred by complaint, in accordance with the provisions of this act, shall, in the sense of the laws of the Empire and of the countries composing it, be considered as commercial cases.

SEC. 20. The provisions of this act shall be applicable to the trade-marks of manufacturers not having a commercial establishment in the territory of the Empire, and likewise to the names or the firm names of foreign manufacturers or dealers, when German trade-marks, names, and firm names are (in pursuance of a notice inserted in the paper in which the laws are published by authority) protected in the country in which their establishment is situated; but the said provisions shall be applicable to trade-marks (section 1) on the following conditions:

1. Notice concerning a trade-mark must be given to the court of commerce, with a declaration that the giver of the notice will hold himself amenable to the jurisdiction of the aforesaid court in complaints presented on the ground of this act.

2. The notice must be accompanied by proof that, in the foreign country, the conditions are fulfilled on which the giver of the notice may there claim protection for the mark.

3. The notice shall serve as the basis of a right only so far and so long as the giver of the notice is protected, in the foreign country, in the use of the mark. SEC. 21. This act shall take effect on the 1st day of May, 1875.

The provisions of the laws of the country shall, nevertheless, be applicable to trade-marks that have been protected by law up to this [that?] date, until notice shall have been given in pursuance of this act, at the latest until October 1, 1875. In testimony whereof we have hereunto set our hand and caused our imperial seal to be affixed.

Done at Berlin November 30, 1874.

[L. S.]

PRINCE V. BISMARCK.

WILLIAM.

[Inclosure 3.-Translation.]

An act relative to the rights of originators in patterns and models, dated January 11, 1876.

We, William, by the grace of God, German Emperor, King of Prussia, etc., hereby order, with the consent of the Bundesrath and the Reichstag, as follows:

SECTION 1. The right to copy an industrial pattern or model, either in whole or in part, belongs exclusively to its originator.

None but new and peculiar productions shall be considered as patterns or models

in the sense of this act.

SEC. 2. In the case of patterns and models that are made by draftsmen, painters, sculptors, etc., who are employed in a manufacturing establishment in the territory of the Empire by order or for the account of the owner of the establishment, such owner, if no other arrangement is made by contract, shall be considered as the originator of the patterns and models.

SEC. 3. The right of the originator shall be transferable to his heirs. This right may, either by contract or by testament, be transferred to others.

SEC. 4. Making free use of individual component parts of a pattern or model in constructing a new pattern or model shall not be considered as copying.

SEC. 5. Any copy of a pattern or model that is made with the intent to circulate it without the consent of the originator or of the party or parties who have legally acquired his rights (sections 1 to 3) is hereby prohibited. A copy shall likewise be considered as prohibited

1. When, in making it, a process is used which is different from that used in the original work, or when the copy is intended for a branch of industry different from that for which the original is used.

2. When the dimensions or colors of the copy are different from those of the original, or when the alterations made therein are such as can not be perceived without the exercise of special attention.

3. When the copy is not made directly from the original, but indirectly from a copy thereof.

SEC. 6. The following copies shall not be considered as prohibited:

1. A single copy of a pattern or model, provided that it is not made with intent to circulate or use it for industrial purposes.

2. Copies made of patterns that are on a plane surface by means of plastic materials, and inversely.

3. The insertion of copies of single patterns or models in a book or similar publication.

SEC. 7. The originator of a pattern or model shall not be protected against imitations unless he shall give notice thereof for registration in the register of patterns, and shall deposit a pattern, or a drawing thereof, with the officer having charge of the register of patterns.

The notice must be given and the deposit made before any article made from the pattern or model can be exposed for sale.

SEC. 8. The protection afforded by this act against copying shall be granted to the originator of a pattern or model, at his option, for from one to three years from the day on which notice shall have been given.

The originator shall, on payment of the fee provided for in section 12, paragraph 3, be entitled to an extension of the term for which protection is granted for a period not exceeding fifteen years. Any extension of the term shall be noted in the register of patterns.

SEC. 9. The register of patterns shall be in charge of the judicical authorities having charge of the commercial register.

It shall be the duty of an originator to give notice concerning his pattern or model to the court of the place where his principal establishment is situated, and also to deposit the said pattern or model with such court; and, if he does not do business under the name of a registered firm, to give such notice and make such deposit with the competent court of his place of residence.

Originators who have neither an establishment nor a residence in the territory of the Empire, must give their notice to, and make their deposit with, the court of commerce at Leipzig.

Patterns or models may be deposited open or sealed, single or in packages. Packages must not, however, contain more than fifty patterns or models, and must not weigh more than 10 kilograms. Special rules relative to the management of the register of patterns shall be issued by the chancellor of the Empire.

Packages of patterns that have been deposited sealed shall be opened three years after the notice shall have been given, or, if the term for which protection is granted is shorter, at its expiration.

The registration and the extension of the term of protection (section 8, paragraph