SECTION 26. That the Commissioner of Patents is authorized to make rules and regulations, not inconsistent with law, for the conduct of proceedings in reference to the registration of trade-mark provided for by this act.

SECTION 27. That no article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer or trader, or any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copy or simulate a trade mark registered in accordance with the provisions of this act, or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any custom house of the United States; and, in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, convention, declaration, or agreement between the United States and any foreign country to the advantages afforded by law to citizens of the United States in respect to trade-marks and commercial names, may require his name and residence, and the name of the locality in which his goods are manufactured, and a copy of the certificate of registration of his trademark, issued in accordance with the provisions of this act, to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department facsimiles of his name, the name of the locality in which his goods are manufactured, or of his registered trade-mark; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of the customs. SECTION 28. That it shall be the duty of the registrant to give notice to the public that a trade-mark is registered, either by affixing thereon the words "Registered in the U. S. Patent Office," or abbreviated thus, "Reg. U. S. Pat. Off.," or when, from the character or size of the trade-mark, or from its manner of attachment to the article to which it is appropriated, this cannot be done, then by affixing a label containing a like notice to the package or receptacle wherein the article or articles are enclosed; and in any suit for infringement by a party failing so to give notice of registration no damages shall be recovered, except on proof that the defendant was duly notified of infringement, and continued the same after such notice.

SECTION 29. That in construing this act the following rules must be observed, except where the contrary intent is plainly apparent from the context thereof: The United States includes and embraces all

territory which is under the jurisdiction and control of the United States. The word "states" includes and embraces the District of Columbia, the territories of the United States, and such other territory as shall be under the jurisdiction and control of the United States. The terms "person" and "owner," and any other word or term used to designate the applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this Act, include a firm, corporation, or association as well as a natural person. The term "applicant" and "registrant" embrace the successors and assigns of such applicant or registrant. The term "trade-mark" includes any mark which is entitled to registration under the terms of this act and whether registered or not and a trade-mark shall be deemed to be "affixed" to an article when it is placed in any manner in or upon either the article itself or the receptacle or package or upon the envelope or other thing in, by, or with which the goods are packed or enclosed or otherwise prepared for sale or distribution.

SECTION 30. That this Act shall be in force and take effect April 1, 1905. All acts and parts of acts inconsistent with this act are hereby repealed except so far as the same may apply to certificates of registration issued under the act of congress approved March 3, 1881, entitled "An act to authorize the registration of trade-marks and protect the same," or under the act approved August 5, 1882, entitled "An act relating to the registration of trade-marks,”

GOVERNMENT FEES FOR PATENTS, COPYRIGHT, AND TRADE-MARKS

PATENTS

United States.-The following is the schedule of the principal fees of the patent office: On filing each original application for a design patent for 3 years and 6 months, $10; on filing each original application for a design patent for 7 years, $15; on filing each original application for a design patent for 14 years, $30; on allowance of an application for a design patent, no further charge; on filing each caveat, $10; on filing each original application for a patent, $15; on allowance of an original application for a patent except in design cases, $20 (this fee must be paid within 6 months from the date of allowance of the application); on filing each disclaimer, $10; on filing every application for the reissue of a patent, $30; on filing each application for a division of a reissue, $30; on allowance of an application for the reissue, no further charge; on filing an appeal from a primary examiner or the examiner of interferences to the board of examinersin-chief, $10; on filing an appeal from the board of examiners-in-chief to the commissioner, $20.

Great Britain.-Application for patents can be made in either of two ways: (a) By filing a provisional specification describing the invention generally, and thus securing provisional protection for 6 months, before the expiration of which period the application has to be completed by filing a complete specification; or (b), by filing a complete specification in the first instance, describing the invention in detail. The provisional specification is not intended to describe the invention so minutely and completely that a person skilled in the art to which it relates shall be able, with the aid of the provisional specification alone, to carry out the invention; it is rather intended for the purpose of enabling the comptroller to identify the invention described in the complete specification with the invention which the applicant had in mind when filing his original application, as disclosed by the provisional specification. Application for provisional protection is usually made only where the applicant has not matured his invention, or where he desires to have time to apply for patents in other countries before the invention is published. No infringement can take place until the complete specification has been accepted. At any time after

the allowance of the provisional protection (generally within 3 weeks after the application) and within 6 months from the date of the application, the applicant must file his complete specification, including necessary description, drawings, and claims. If the full time be taken, and the complete specification is filed at the termination of 6 months from the date of application, the patent would in ordinary course issue in about 9 or 10 months from the date of the filing of the provisional specification (unless the examiner should cite any prior specification which would entail a delay of a month or two on account of the necessary amendment), between 1 and 2 months being taken for the acceptance of the complete specification, which is then open to opposition for 2 months, after which, if not opposed and upon the payment of the sealing fee, the patent promptly issues. If the complete specification be filed in the first instance, the patent usually issues in between 3 and 4 months from the date of filing (provided the examiner does not cite any prior specification which would cause a delay of a month or two on account of the necessary amendment), between 1 and 2 months being officially occupied in examining and accepting the specification, and 2 months allowed for opposition. The following is a schedule of the principal fees: On filing an application for provisional protection, 1; on filing complete specification where provisional specification has been filed, £3; or on filing complete specification in the first instance, £; on sealing of a patent, £1.

To maintain a British patent in force after the fourth year from the date of the patent (which is the date of filing) a fee of £5 must be paid before the expiration of such fourth year, and a subsequent fee must be paid each year thereafter up to the end of the term of the patent, said fee increasing £1 for each year.

Canada. The following fees shall be payable before an application for any of the purposes herein mentioned shall be received by the commissioner of patents: Full fee for full term of 18 years, $60; partial fee for 12 years, $40; partial fee for 6 years, $20; fee for further term of 12 years, $40; on lodging a caveat, $5; on asking a judgment pro tanto (for so much), $4; on asking to register an assignment, or to attach a disclaimer to a patent, $2; on asking for a copy of patent with specification, $4; on petition to reissue a patent after surrender, $4.

Argentine Republic.-Patents may be granted for a term of 5, 10, or 15 years, the fees therefor being respectively $80, $200, and $350. These fees may be paid in their entirety upon filing the application, or one-half may be paid at the time of application and the balance by annuities, in the following manner: In the case of 5-year patents, in 3 annuities of $10 each, and the last one of $11.33; in the case of 10-year patents, in 7 annuities of $10 each, and the last two of $16.66;

in the case of 15-year patents, in 10 annuities of $10 each, and the last four of $20.21 each. An annual tax is to be paid.

Austria.-A fee of 10 florins must be paid simultaneously with the filing of the application for a patent, and a further fee, the first annuity of 20 florins, within 3 months from the date of publication of the application in the Patent Journal. Annual taxes must be paid on the patent. These amount to 25 florins for the second year, 30 florins for the third year, and increase at the rate of 10 florins per year for the fourth, fifth, and sixth years. Beginning with the seventh and ending with the tenth year they increase at the rate of 20 florins per year, and thereafter at the rate of 40 florins per year.

Belgium.—The application must be accompanied by the receipt for the first annuity, 10 francs. There are annual taxes payable on patents, amounting to 20 francs for the second year, 30 francs for the third year, and so on, increasing 10 francs for each successive year.

Brazil. -The government fee for a simple patent is about $25. Yearly taxes are payable on patents, amounting to $30 for the second year, $40 for the third year, and so on, increasing $10 each year to the end of the term of the patent (15 years).

Chile.-The government fee for a patent is 50 pesos payable upon filing the application and a further fee of 50 pesos before the issue of the patent. There are no annuities to pay.

Denmark. The filing fee for an application for a patent is 20 crowns. Fee for issuing a patent is 10 crowns. A patent is subject to an annual tax amounting to: 25 crowns for the first three years; 50 crowns for the following three years; 100 crowns for the following three years; 200 crowns for the following three years; and 300 crowns for each of the last three years.

France.-The first annuity of 100 francs must be paid at the time of filing the application. Patents are subject to an annual tax of 100 francs each year.

Germany. The government fees are 20 marks payable at the time of filing the application and the first annuity of 30 marks payable within two months from the date of publication of the application in the Imperial Gazette. Annuities are payable on patents, amounting to 50 marks for the second year and increasing 50 marks for each succeeding year. An annual tax is to be paid.

Hungary.-There are two kinds of patents: (a) patents of invention and (b) patents of addition. Both are granted for 15 years and start from the date of filing. Patents of improvements are granted to owner of the principal patent, during the first year after the grant of the original patent, and thereafter to any one whether such owner or