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WITHDRAWALS FOR CONSUMPTION.

The quantities of distilled spirits, fermented liquors, manufactured tobacco, sauff, cigars, cigarettes, and oleomargarine on which tax was paid during the last fiscal year are as follows:

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NOTE-The quantity of mixed flour withdrawn cannot be stated, owing to the variable number of pounds taxed. (7) Includes 4,198,741 pounds at 10 cents and 137,564,864 pounds at one-fourth of 1 cent per pouud."

Receipts of tax on Porto Rican products-spirits, cigars and cigarettes-year ended June 30, 1914, $632,550; on cigars and cigarettes from Philippines, $170,779.

SPECIAL TAXES AND RATES.

Rectifiers of less than 500 barrels a year, $100; rectifiers of 500 barrels or more a year, $200. Wholesale liquor dealers, $100; retail liquor dealers, $25.

Wholesale dealers in malt liquors. $50: retail dealers in malt liquors, $20.

Manufacturers of stills, 850; and for stills or worms, manufactured, each. $20.

Brewers: Annual manufacture less than 500 barrels, $50; annual manufacture 500 barrels or more, $100.

Manufacturers of filled cheese, $400; wholesale dealers in filled cheese, $250; retail dealers in filled cheese, $12.

Manufacturers of oleomargarine, $600; wholesale dealers in oleomargarine artifically colored in imitation of butter, $480; wholesale dealers in oleomargarine free from artificial coloration, $200; retail dealers in oleomargarine artificially colored in imitation of butter, $48: retail dealers in oleomargarine free from artificial coloration, $6.

Manufacturers of adulterated butter, 8600; wholesale dealers in adulterated butter, $480; retail dealers in adulterated butter, 848; manufacturers of process or renovated butter, $50; manufacturers, packers or repackers of mixed flour, $12,

DISTILLED SPIRITS, ETC.

Distilled spirits, per gallon, $1. 10; stamps for distilled spirits intended for export, each, 5 and 10 cents. Case stamps for spirits bottled in bond, 10 cents.

Wine made in imitation of champagne, and liquors produced by being rectified, etc., in bottles containing not more than one pint, per bottle or package, 10 cents; same, in bottles containing more than one pint and not more than one quart, per bottle or package, 20 cents; and, at the same rate for any larger quantity for such merchandise. Grape brandy used in the fortification of sweet wine, per gallon, 3 cents, FERMENTED LIQUORS.

Fermented liquors per barrel (see special tax list above).

TOBACCO, SNUFF, CIGARS AND CIGARETTES. Tobacco, however prepared, manufactured and sold, or removed for consumption or sale, per 1b., 8 cents; snuff, however prepared, manufactured and sold, or removed for consumption or sale, per lb., 8 cents.

Cigars weighing more than 3 lbs. per thousand, 83; cigars weighing not more than 3 lbs. per thousand, 75 cents; cigarettes weighing more than 3 lbs. per thousand $3.60; cigarettes weighing not more than 3 lbs. per thousand, $1.25.

OLEOMARGARINE, ADULTERATED BUTTER AND PROCESS OR RENOVATED BUTTER. Oleomargarine, domestic, artificially colored in imitation of butter, per lb., 10 cents; oleomargarine, free from coloration that causes it to look like butter, of any shade of yellow, per lb., 1⁄4 of 1 cent; oleomargarine, imported from foreign countries, per lb.. 15 cents.

Adulterated butter, per lb., 10 cents; process or renovated butter, per lb., of1 cent.

FILLED CHEESE.

Filled cheese, per lb., 1 cent; same, imported, per lb., 8 cents.

MIXED FLOUR

Mixed flour, per barrel of 196 lbs., or more than 98 lbs., 4 cents; half barrel of 98 lbs., or more than 49 lbs., 2 cents; quarter barrel of 49 lbs., or more than 241⁄2 lbs., 1 cent; eighth barrel of 24 lbs. or less, cent.

BANKS AND BANKERS, ETC.

Bank circulation, per month, 1-12 of 1 per cent. Bank circulation exceeding 90 per cent. of capital, in addition, per month, 1-6 of 1 per cent. Banks, bankers, and other parties liable on amount of notes of any person, State bank, or State banking association, or of any town, city or municipal corporation, paid out by them, 10 per cent. CORPORATION INCOME.

Income tax on corporations, joint stock companies or associations, and insurance companies, 1 per cent.

INDIVIDUAL INCOME.

Income tax, normal, on individuals, 1 per cent. Income tax, additional-Net incomes exceeding $20,000 and not more than $50,000, 1 per cent.; exceeding $50,000 and not more than $75,000, 2 per cent.; exceeding $75,000 and not more than $100,000, 3 per cent.; exceeding $100,000 and not more than $250,000. 4 per cent.; exceeding $250,000 and not more than $500,000, 5 per cent.; exceeding $500,000, 6 per cent.

MISCELLANEOUS.

Playing cards, per pack, 2 cents. Opium, manufactured for smoking purposes, per lb., $300. White phosphorous matches, per hundred, 2 cents.

UNITED STATES PENSION STATISŤ

NUMBER OF ARMY AND NAVY PENSIONERS ON THE Re an JUNE 30, 1914. Regular Establishment-Invalids or survivors, Civil War, Act of Apr 19, 1908-Widows or 14,919; widows or minors, 4,422. minors, 235.524. War with Spain-Invalids or survivors,24,250;

Service-Act of May 11, 1912, Invalids or survivors, 369,624; act of February 6, 1907, inva-widows or minors, 4,660. lids or survivors, 7,158.

Civil War, General Law-Invalids or survivors, 50,347; widows or minors, 59,160.

Civil War, Act of June 27, 1890-Invalids or survivors, 2,225; widows or minors, 4,091,

War of 1812-Widows or minors, 170. widows or minors, 4,699. War with Mexico-Invalids or survivors, 893;

Indian Wars-Invalids or survivors, 915; widows or minors, 2,182.

Total pensioners on roll June 30, 1914, 785,239. Total number of original applications during fiscal year ending June 30, 1914, 28.488. Total number of original claims allowed for fiscal year ending June 30, 1914, 19,287. Number of pensioners on roll June 30, 1914-Invalids or survivors, 470,331; widows or minors, 314,908; total, 785,239.

Paid pensioners during 1914, $172,417,546.26.

(For number of pension claims, pensioners and disbursements, by years, from 1867 to 1912, see WORLD ALMANAC for 1913, page 166.)

Expenses of the Pension Bureau and agencies in disbursing pension fund for the fiscal year ending June 30, 1914, $2,066,507.15.

All the pension agencies have been consolidated, and all pensioners are now paid by the Commissioner of Pensions through the Disbursing Clerk of the Pension Bureau, Washington, D. C.

TOTAL DISBURSEMENTS FOR PENSIONS FOR ALL WARS AND OF THE PEACE ESTABLISHMENT TO JUNE 30, 1914.

War of the Revolution (estimate). $70,000,000; war of 1812 (service pension), $45,950, 546. 46; Indian wars (service pension), 812,801,520,61; war with Mexico (service pension), $48,693,102.34; war, $4.457,974,496. 47; war with Spain and insurrection in the Philippine Islands, $46,092,740.84; regular establishment, $31,936,516.52; unclassified, $16,508,447.41. Total disbursements for pensions, 84,729,957,370, 65.

civil

PENSIONERS IN EACH STATE AND TERRITORY.

Alabama... 3,094 Idaho.. 2.150, Minn
Alaska T... 77 Illinois... 54.078 Miss..
Arizona.. 857 Indiana. 47,858 Missouri..
Arkansas.. 8 436 Iowa...... 26,647 Montana
California. 27,742 Kansas.... 31.017 Nebras' a
Colorado... 7,709 Kentuc'y 20,449 Nevada..
Conn......... 9,581 Louis'a...
Delaware.. 2,491 Maine.....
D. of Col..... 8,607 Maryla'd
Florida...... 4,870 Mass.......
Georgia...... 2,869 Michigan! 32,842 N. Car'a,J

5,146 N. Hamp 13,659 N. Jersey 11,914 N. Mex... 32,675 N. York..

12,167 N. Dak...)
3.840 Ohio
37,804 Okla. ..........
2,264 Oregon
13.758 Penn'a...

382 R. Island
6,283 S. Car'a...
19,739 S. Dak......

1,816 Tenn .............. 65,869 Texas 3,478 Utah....

2.807 Vermont... 74.250 Virginia..... 10.916 Washing' n 7.469 West Va.... 72.407 Wisconsin.] 4.293 Wyoming. 1,623 Canal Zone 5.164 Insul. Pos. 16.239 Foreign . 8,047

6.264

8.341

9,522

10,170

18,941

804

1

167

5,163

983 Total..... 785.239

The following are the rates for total disability from causes incident to the service: Army-Lieutenant-colonel and all officers of higher rank, $30; major, surgeon, and paymaster, $25; captain, provost marshal, and chaplain, 820; first lieutenant, assistant surgeon, and deputy provost marshal, $17; second lieutenant and enrolling officer. $15; enlisted men. $8.

Navy-Captain and officers of higher rank. commander. lieutenant commanding and master commanding, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, $30; lieutenant, surgeon. paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon. $25; master, professor of mathematics, assistant surgeon, assistant paymaster and chaplain. $20; first assistant engineer, ensign, and pilot. $15; cadet midshipman, passed midshipman, midshipman. clerks of admirals, paymasters, or other officers commanding vessels, second and third assistant engineers, master's mate, and warrant officers, $10; enlisted men, $8.

Marine Corps-Lieutenant-colonel and officers of higher rank, $30; major, $25; captain, 820; first lieutenant, $17; second lieutenant, $15; enlisted men, $8.

Pension at certain ages on account of service in the civil and Mexican wars. Act of May 11, 1912. Any person who served ninety days or more in the military or naval service of the United States during the late civil war. and who has been honorably discharged therefrom, and who has reached the age of sixty-two years or over, on making proof of such facts is entitled to receive a pension as follows: Age sixty-two years-For a service of 90 days, $13.00 per month: 6 months. $13.50; 1 year, $14.00: 1% years, $14.50; 2 years, $15.00; 2% years, $15.50, and 3 years and more, $16.00. Age 66 years--For a service of 90 days, $15.00 per month; 6 months. $15.50: 1 year, $16.00: 14 years, $16.50; 2 years, $17.00; 2 years, $18.00, and 3 years and more. $19.00. Age 70 years-For a ser vice of 90 days, $18.00 per month; 6 months, $19.00; 1 year. $20.00; 1% years. $21.50; 2 years, $23.00: 2 years, $24.00, and 3 years and more $25.00. Age 75 years-For a service of 90 days, 21 per month; 6 months, $22.50; 1 year, $24.00; 1% years, $27.00, and 2 years and more, $30.00. And such pension shall commence from the date of filing the application in the Bureau of Pensions. Any person who served sixty days or more in the war with Mexico, and who received an honorable discharge, is entitled to $30.00 per month. Any person who was wounded in battle or in line of duty in the civil war, and is now unfit for manual labor by reason thereof, or who from disease or other causes incurred in line of duty resulting in his disability, is now unable to perform manual labor, is entitled to $30.00 per month.

AMERICAN SOCIETY OF INTERNATIONAL LAW. President-Elihu Root. Vice-Presidents-Chief Justice White, Justice William R. Day, P. C. Knox, Andrew Carnegie, Joseph H. Choate, John W. Foster, George Gray, William W. Morrow, Richard Olney, Horace Porter, Oscar S. Straus, Jacob M. Dickinson, James B. Angell, William H. Taft, William J, Bryan. Recording Secretary-James Brown Scott. Corresponding Secretary-Charles Henry Butler. Treasurer-Chandler P. Anderson, Headquarters, Washington, D. C.

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he Patent Office for THE WORLD ALMANAC for 1915: States, and under the seal of the Patent Office, to w and useful art, machine, manufacture, or composition of matter or any new ement thereof, or any new, original and ornamental design for an article of manufacture, nuw of used by others in this country before his invention or discovery thereof, and rot patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof or more than two years prior to his application, and not in public use or on sale in the United States for more than two years prior to his application, unless the same is proved to have been abandoned; upon payment of the fees required by law and other due proceedings had.

Every patent contains a grant to the patentee, his heirs or assigns, for the term of seventeen years, except in the case of design patents, of the exclusive right to make, use, and vend the invention or discovery throughout the United States and the Territories, referring to the specification for the particulars thereof.

If it appear that the inventor, at the time of making his application, believed himself to be the first inventor or discoverer, a patent will not be refused on account of the invention or discovery, or any part thereof, having been known or used in any foreign country before his invention or discovery thereof, if it had not been before patented or described in any printed publication.

Joint inventors are entitled to a joint patent; neither can claim one separately. Independent inventors of distinct and independent improvements in the same machine cannot obtain a joint patent for their separate inventions; nor does the fact that one furnishes the capital and another makes the invention entitle them to make application as joint inventors; but in such case they may become joint patentees by means of a deed of assignment,

No person otherwise entitled thereto will be debarred from receiving a patent for his invention or discovery, by reason of its having been first patented or caused to be patented by the inventor or his legal representatives or assigns in a foreign country, unless the application for said foreign patent was filed more than twelve months prior to the filing of the application in this country, and four months in cases of designs, in which case no patent shall be granted in this country.

APPLICATIONS.

If an inventor wishes to file an application for patent, a copy of the Rules of Practice, containing forms and instructions, will be sent upon request. It is advisable, however, in every case, that the services of a competent registered patent attorney be secured, as the value of patents depends largely upon the skilful preparation of the specification and claims. The Patent Office cannot recommend any particular attorney or firm, but advises applicants to avoid doing business with those who advertise the possession of unusual facilities for obtaining patents.

Applications for a patent must be made in writing to the Commissioner of Patents. The applicant must also file in the Patent Office a written description of the invention or discovery, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same; and in case of a machine, he must explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions, and particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery. The specification and claim must be signed by the inventor and attested by two witnesses.

When the nature of the case admits of drawings, the applicant must furnish a drawing of the required size, signed by the inventor or his attorney in fact, and attested by two witnesses. The applicant, if required by the Patent Office, shall furnish a model of convenient size to exhibit advantageously the several parts of his invention or discovery, but a model should not be sent unless first called for by the Patent Office.

The applicant shall make oath that he verily believes himself to be the original and first Inventor or discoverer of the art, machine, manufacture, composition, or improvement for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used, and shall state of what country he is a citizen and where he resides, and whether he is the sole or joint inventor of the invention claimed in his application. In every original application the applicant must distinctly state under oath that the invention has not been patented to himself or to others with his knowledge or consent in this or any foreign country for more than two years prior to his application, or on an application for a patent filed in any foreign country by himself or his legal representatives or assigns more than twelve months prior to his application in this country, or four months in cases of designs. If any application for patent has been filed in any foreign country by the applicant in this country or by his legal representatives or assigns, prior to his application in this country, he shall state the country or countries in which such application has been filed, giving the date of such application, and shall also state that no application has been filed in any other country or countries than those mentioned; that to the best of his knowledge and belief the invention has not been in public use or on sale in the United States nor described in any printed publication or patent in this or any foreign country for more than two years prior to his application in this country. Such oath may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any Minister, Chargé d'Affaires, Consul, or commercial agent holding commission under the Government of the United States, or before any notary public, Judge or Magistrate having an official seal and authorized to administer oaths in that country whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States, except that no acknowledgment may be taken by any attorney appearing in the case. On the filing of such application and the payment of the fees required by law, if, on examination, it appears that the applicant is justly entitled to a patent under the law, and that the same is sufficiently useful and important, the Commissioner will issue a patent therefor.

Every patent or any interest therein shall be assignable in law by an instrument in writing; and the patentee or his assigns or legal representatives may, in like manner, grant and convey an exclusive right under his patent to the whole or any specified part of the United States.

WED DEALSTA REISSUES, 721202 R. QI078A

A reissue is granted to the original patentee, his legal representatives, or the assignees of the entire interest when, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his invention or discovery more than he had a right to claim as new, the original patent is inoperative or invalid, provided the error has arisen from inadvertence, accident, or mistake, and without

PATENT OFFICE PROCEDURE-Continued.

any fraudulent or deceptive Intention. Reissue applications in must be made and the specifications

sworn to by the inventors, if they be living.

FEES.

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Fees must be paid in advance, and are as follows: On filing each original application for a patent, $15. On issuing each original patent. $20. In design cases: For three years and six months, $10; for seven years, $15; for fourteen years, $30. On every application for the reissue of a patent, $30. On filing each disclaimer, $10. For certified copies of patents and other papers in manuscript, ten cents per hundred words and twenty-five cents for the certificate; for certified copies of printed patents, eighty cents. For uncertified printed copies of specifications and drawings of patents, five cents each. For recording every assignment, agreement, power of attorney, or other paper, of three hundred words or under, $1; of over three hundred and under one thousand words, $2; for each additional thousand words, or traction thereof, $1. For copies of drawings, the reasonable cost of making them. The Patent Office is prepared to furnish positive photographic copies of the drawings of pending patented or abandoned cases, in sizes and at rates as follows: Large size, 10x15 inches, twenty-five cents; medium size, 8x12 inches, fifteen cents. Negative photographic copies of specifications and drawings of foreign patents, or of any page or part of page of any printed publication in the possession of the office, will be furnished on paper 7x11 inches, for 15 cents per sheet. Fee for examining and registering trade-mark, 810, which includes certificate. Stamps cannot be accepted by the Patent Office in payment of fees. Stamps and stamped envelopes should not be sent to the office for replies to letters, as stamps are not required on mail matter emanating from the Patent Office. PATENT OFFICE STATISTICS.

The receipts of the Patent Office during the year ending December 31, 1913, were $2,084, 417.79, and expenditures, $1,947,383. 28. Receipts over expenditures, $137,034.51. Total net surplus to December 31, 1913, $7,297, 052. 46. The following is a statement of the business of the office for the year ending December 31, 1913: Number of applications for patents.... 68,117 Number of patents granted, including Number of applications for design patents 2,060 designs Number of applications for reissue patents 190 Patents reissued............................................................................... 158 Total.....

85,624

35,788

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Number of trade-marks registered..

5,065

Number of labels registered

708

Number of applications for registration of trade-marks..

Number of prints registered

290

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Number of applications for registration of labels...

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Number of applications for prints

391

Number of patents forfeited for non-pay

Number of disclaimers filed..

24

ment of final fees.

7,716

Number of appeals on the merits....

1,622

Number of applications allowed awaiting
final fees...

10.408

Number of trade-mark applications pas
sed for publication .....

13,567

Total...........

5,107

The total number of applications filed at the Patent Office in seventy-five years, 1837-1912, was 1,926,009; number of original patents, including designs and reissues issued, 1,106,235.

There is now no law permitting the filing of a caveat, the old law having been repealed July 1,1910. Patent No. 1,000,000 was granted August 8, 1911, to F. H. Holton, of Akron, O., for an automobile tire. The following is a statement of patents and designs issued in 1918 according to residence of patentees:

Alabama, 189; Alaska, 6; Arizona, 71; Arkansas, 141: California, 1,668; Canal Zone, 11: Colorado, 436: Connecticut, 968; Delaware, 40 District of Columbia, 241: Florida, 132; Georgia, 238; Hawall, 21; Idaho, 107; Illinois, 3,229; Indiana, 713; Iowa, 606; Kansas, 410; Kentucky, 228; Louisiana, 171; Maine, 113; Maryland, 317; Massachusetts, 1,809; Michigan, 969; Minnesota, 586; Mississippi. 94: Missouri, 1,027; Montana, 132; Nebraska, 274; Nevada, 42; New Hamp shire, 98; New Jersey, 1.610; New Mexico, 52; New York. 5,312; North Carolina, 161: North Dakota, 131; Ohio, 2,099; Oklahoma, 263; Oregon, 254; Pennsylvania, 3,085; Philippine Islands, 10; Porto Rico, 5; Rhode Island, 271: South Carolina, 90; South Dakota, 124; Tennessee, 210: Texas, 599; Utah, 121 Vermont, 58; Virginia, 290; Washington, 529: West Virginia, 201 Wisconsin, 763; Wyoming, 39; U. S. Army, 7 U. S. Navy, 11. Total. +31,382.

Foreign countries: Austria-Hungary, 168; Belgium, 54; Canada, 557; Cuba, 21: Denmark, 28; England, 908; France, 340: Germany, 1,433; Italy, 55; Japan, 19: Mexico, 31; Norway, 31; Russia, 48; Scotland, 63; Sweden, 87; Switzerland, 181; other countries, 288. Total foreign, 4,212,

GENERAL PATENT STATISTICS.

The following table is compiled from the report of the Commissioner of Patents for 1914. It exhibits the number of patents issued by foreign countries (estimated) and the United States from the earliest records to December 31, 1913;

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57.796 Total foreign....... 238,487 2,217,373 2,455,810 12,578 13.023 United States................. 120,573 972,650 *1,093,223 125, 438 130,161

24,904 24,904 Grand total.......359, 010 3,190,023 3,549,033

Including 9,957 patents issued prior to July 1, 1836, on which date the present series began. tNot including 164 reissues and 30 patents withdrawn,

REGISTRATION OF TRADE-MARKS

IN THE UNITED STATES.

THE following are extracts from the new "Act to authorize the registration of trademarks used in commerce with foreign nations, or among the several States or Indian tribes, and to protect the same," approved February 20, 1905, and later amendatory acts.

"The owner of a trade-mark used in commerce with foreign nations, or among the several States, or with Indian tribes, provided such owner shall be domiciled within the territory of the United States, or resides in or is located in any foreign country, which, by treaty, convention, or law, affords similar privileges to the citizens of the United States, may obtain registration for such trade-mark by complying with the following requirements: First, by filing in the Patent Office an application therefor, in writing, addressed to the Commissioner of Patents, signed by the applicant, specifying his name, domicile, location, and citizenship; the class of merchandise and the particular description of goods comprised in such class to which the trade-mark is appropriated; a statement of the mode in which the same is applied and affixed to goods, and the length of time during which the trademark has been used: a description of the trade-mark itself shall be included, if desired by the applicant or required by the Commissioner, provided such description is of a character to meet the approval of the Commissioner. With this statement shall be filed a drawing of the trade-mark, signed by the applicant, or his attorney, and such number of specimens of the trade-mark, as actually used. as may be required by the Commissioner of Patents. Second, by paving into the Treasury of the United States the sum of ten dollars, and otherwise complying with the requirements of this act and such regulations as may be prescribed by the Commissioner of Patents.

"A certificate of registration shall remain in force for twenty years, except that in the case of trade-marks previously registered in a foreign country such certificates shall cease to be in force on the day on which the trade-mark ceases to be protected in such foreign country, and shall in no case remain in force more than twenty years, unless renewed. Certificates of registration may be, from time to time, renewed for like periods on payments of the renewal fees required by this act, upon request by the registrant, his legal representatives, or transferees of record in the Patent Office, and such request may be made at any time not more than six months prior to the expiration of the period for which the certificates of registration were issued or renewed. Certificates of registration in force at the date at which this act takes effect shall remain in force for the period for which they were issued, but shall be renewable on the same conditions and for the same periods as certificates issued under the provisions of this act. and when so renewed shall have the same force and effect as certificates issued under this act.

"The registration of a trade-mark under the provisions of this act shall be prima facle evidence of ownership. Any person who shall, without the consent of the owner thereof, reproduce, counterfeit. copy, or colorably imitate any such trade-mark and affix the the same to merchandise of substantially the same descriptive properties as those set forth in the registration, or to labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of merchandise of substantially the same descriptive properties as those set forth in such registration, and shall use. or shall have used. such reproduction, counterfeit, copy, or colorable imitation in commerce among the several States. or with a foreign nation, or with the Indian tribes, shall be liable to an action for damages therefor at the suit of the owner thereof; and whenever in any such action a verdict is rendered for the plaintiff, the court may enter judgment therein for any sum above the amount found by the verdict as the actual damages, according to the circumstances of the case, not exceeding three times the amount of such verdict. together with the costs."

No trade-mark will be registered which consists of or comprises immoral or scandalous matter, or which consists of or comprises the flag or coat of arms or other Insignia of the United States, or any simulation thereof, or of any State or municipality, or of any foreign nation, or which consists of or comprises any design or picture that has been adopted by any fraternal society as its emblem, or of any name, distinguishing mark, character, emblem, colors, flag, or banner adopted by any institution, organization, club, or society which was incorporated in any State in the United States prior to the date of the adoption and use by the applicant; Provided, That said name, distinguishing mark, character, emblem, colors, flag, or banner was adopted and publicly used by said institution, organization, club, or society prior to the date of adoption and use by the applicant; unless it shall be shown to the satisfaction of the Commissioner of Patents that the mark was adopted and used as a trademark by the applicant or applicant's predecessors, from whom title is derived, at a date prior to the date of its adoption by such fraternal society as its emblem, or which trade-mark is identical with a registered or known trade-mark ownel and in use by another, and appropriated to merchandise of the same descriptive properties. or which so nearly resembles a registered or known trade-mark owned and in use by another, and appropriated to merchandise of the same descriptive properties as to be likely to cause confusion or mistake in the minds of the public. or to deceive purchasers: or which consists merely in the name of an individual, firm. corporation, or association, not written, printed, impressed, or woven in some particular or distinctive manner or in association with a portrait of the individual, or merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods, or merely a geographical name or term: no portrait of a living individual will be registered as a trade-mark, except by the consent of such individual evidenced by an instrument in writing; and no trade-mark will be registered which is used in unlawful business, or upon any article infurious in itself. or which has been used with the design of deceiving the Dublic in the purchase of merchandise, or which has been abandoned.

Any mark, used in commerce with foreign nations or among the several States or with Indian tribes, may be registered if it has been in actual and exclusive use as a

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