the annual fee actually due. The omission to pay this increase shall be equivalent to a neglected payment of an annual fee.

SEC. 122. The rights acquired by legally licensed owners of patent agencies for the procuring and sale of patents shall remain undisturbed by this law.

Their entry in the register of patent agents for the professional representation of parties in patent matters under this law shall, however, be dependent on the fulfillment of the conditions laid down in section 43 for this purpose, in which the Patent Office is authorized in cases worthy of consideration to dispense with the furnishing of proof as to the technical qualification by examination, as also the two years' practice with a patent agent of the country and the examination as to the patent laws.

SEC. 123. This patent law shall come into operation by ordinance of the Minister of Commerce and Minister of Justice, at the latest, however, on the first day of the third calendar year after its publication.

SEC. 124. My Minister of Commerce, my Minister of Justice, my Minister of the Interior, my Finance Minister, my Minister of Culture and Education. and my Minister of Agriculture shall be entrusted with the execution of this law.

Vienna, the 11th of January, 1897.

FRANZ JOSEPH.

[Law of the 29th of December, 1908 (so far as it is not inserted in the principal act), whereby, on the occasion of the adhesion to the International Union for the Protection of Industrial Property, regulations for carrying it into effect are enacted.]

On the occasion of the adhesion to the following international agreements:

The International Convention for the Protection of Industrial Property made at Paris the 20th of March, 1883;

The arrangement concerning the International Registration of Marks of Trade or Commerce made at Madrid the 14th of April, 1891;

The Protocol on the endowment of the International Bureau of the Union for the Protection of Industrial Property concluded at Madrid the 15th of April, 1891;

The additional Act of Brussels of the 14th of December, 1900, modifying the Convention of the 20th of March, 1883; and

The additional Act of Brussels of the 14th of December, 1900, to the arrangement of the 14th of April, 1891, concerning the International Registration of Marks of Trade or Commerce.

With the concurrence of both Houses of the Imperial Legislature I decree as follows:

SECTION 1. The rights of priority granted by Article 4 of the Convention of Paris of the 20th of March, 1883, as modified by the additional Act of Brussels, must be specially claimed on the application for an invention or on the deposit of the design or mark, otherwise the priority shall be determined by the date of lodging in this country.

Rules shall determine the documents necessary to, establish the right to priority claimed within the term allowed, and shall state within what period such documents must be lodged.

SEC. 2. The rights of priority granted by Article 4 of the Convention of Paris of the 20th of March, 1883, as modified by the additional Act of Brussels, can not be claimed in this country by a native on the ground of his having made abroad an application for an invention, or a deposit of a design or mark.

This provision does not apply to natives who are domiciled or have effective and genuine industrial or commercial establishments within the territory of another contracting State.

SEC. 4. This law . . shall come into force on the day on which the adhesion to the Convention mentioned at the beginning comes into force.

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SEC. 5. My Minister of Public Works is charged with the execution of this law.

Vienna, the 29th of December, 1908.

FRANZ JOSEPH.

AUSTRO-HUNGARIAN TRADE-MARK LAW.

LAW OF JANUARY 6, 1890, RELATING TO PATTERN AND TRADE-MARK

PROTECTION.

N. B. Contained in Part VIII of the Reichsgesetzblatt, official paper No. 19, published on 19th February, 1890.]

With the approval of both Chambers of the Reichsrath, I decree as follows:

SECTION I.- GENERAL CONDITIONS.

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ARTICLE 1. In this law, under the term marks are understood the special marks, such as devices, numbers, vignettes, and the like, which serve to distinguish in commerce certain products and goods from other similar products and goods.

ART. 2. Any person wishing to secure the exclusive right to use a mark must obtain the registration of the same conformably with the regulations of the following section.

ART. 3. The following marks for goods are excluded from being registered, and therefore no sole right to them can be obtained:

(1) Which are exclusively composed of portraits of the Emperor or of members of the Imperial House.

(2) Which merely consist of the arms of the State or other public arms, numbers, letters, or words.

(3) Which are in general commercial use for certain sorts of goods. (4) Improper or offensive representations or such as are otherwise contrary to public morality or contain such inscriptions or statements as are not in accordance with the actual commercial state of affairs or the truth, and are liable to deceive the consuming public. ART. 4. Marks in which portraits of the Emperor or of any member of the Imperial House, representations of the Imperial Eagle, or of public arms form a considerable part shall only be registered if the right to use these special marks within the meaning of the existing regulations shall have been demonstrated previously.

ART. 5. No person shall be prevented, through the registration of any mark which also contains letters or words, from using his name or that of his firm, even if it be in an abbreviated form, for distinguishing his goods.

ART. 6. The use of registered marks is in general optional, but the minister of commerce can decree, as regards certain kinds of goods, that goods of that class shall not be put in circulation unless they are provided with marks registered in the manner described in the regulations within the meaning of this law.

ART. 7. The sole right to a mark shall not exclude the use of the same mark by another applicant for other classes of goods. In case of any doubt relative to the similarity of these classes of goods, the Minister of Commerce shall decide, after consultation with the Chamber of Commerce and Industry. (See Art. 13.)

ART. 8. The application for several marks in the name of one applicant, even when they are for the same class of goods, is permitted conformable with the regulations of this law.

ART. 9. The right to a mark goes with the business for which the mark is intended, expires with the same, and is transferred to a fresh proprietor in case of transfer of ownership. In the latter case, however, except when the business is carried on by the widow or by an underaged heir of the owner of a mark, or in trust or under an assignment to the creditors, the new owner must, within three months of the acquisition of the business being completed, have the mark transferred to his own name or, in default, the right to the mark shall cease.

ART. 10. No person shall make use of the name, style of firm, arms, or trade name of the establishment of another manufacturer or merchant for a mark for goods or products without the consent of the party in question.

ART. 11. Everything which is stated in this law for the marking of goods applies also to the labels affixed to the cases, barrels, wrappers and the like.

ART. 12. Nothing is altered by the present law in the existing regulations relating to special marks for certain goods, especially the regulations about punched marks.

SEC. 2. REGISTRATION, TRANSFER, AND EXTINCTION OF MARKS.

1. REGISTRATION.

ART. 13. Four copies of the marks for which any person shall desire to obtain the exclusive right must be filed in the Chamber of Commerce and Industry in whose district the business in question is situated. One copy shall be attached to the register of marks which is to be kept by the Chamber of Commerce and Industry; one copy shall be returned to the applicant inscribed with the acknowledgment prescribed in the succeeding paragraphs; two copies shall be laid before the minister of commerce. The applicant must, at the same time, state for what classes of goods his mark is intended. Further, a block of each mark must be filed with the Chamber of Commerce and Industry, which will be returned to the applicant after having been used. In the case of marks for materials such as metal, earthenware, glass, and the like, at least three samples of the materials with the marks impressed therein shall be filed.

ART. 14. For each specimen of the marks filed, the organ designated by the Chamber of Commerce and Industry shall announce (a) The serial number in the register.

(b) The date and hour of the filing.

(c) The name or the style of the firm in which the mark is to be registered.

(d) The class of business and goods for which it is intended.

This announcement must be signed and the official seal attached. The registers of marks shall contain the details cited in paragraphs (a) to (d) and shall be open to inspection at the Chambers: of Commerce and Industry.

ART. 15. For registering each mark, a tax of 5 gulden shall be paid, which shall go into the treasury of the chamber of commerce and industry where the registration was affected.

ART. 16. The registration of marks shall be renewed every 10 years, reckoning from the date of registration by a fresh payment of the tax, otherwise the right to the mark will be considered as expired.

ART. 17. A central register of marks shall be kept at the Ministry of Commerce, in which the marks registered in the Chambers of Commerce and Industry shall be entered in rotation as they arrive.

The same details shall be given in the general register of marks as are contained in the registers to be kept by the Chamber of Commerce and Industry. (See Art. 14.)

The general register of marks, as well as the catalogues of its contents, which are to be alphabetically arranged and always kept up to date, shall be kept open for inspection in the offices of the ministry in question.

The same applies to the samples (Art. 13). Prints of the marks, after the latter have been entered in the central register, shall be published, using the blocks furnished, as per Article 13.

ART. 18. The minister of commerce, if necessary, after consultation with experts, shall notify the applicant for protection it an identical or similar mark to the one just applied for exists already for the same class of goods, in order that the applicant, according to his judgment, may sustain, modify, or withdraw the application. The proprietor of the previously registered mark shall be, at the same time, informed that notice has been given to the applicant for protection of the fresh mark.

ART. 19. The exclusive right to use a mark by an applicant commences from the day and hour of filing the same at the Chamber of Commerce and Industry, and the priority shall be decided therefrom should similar marks have been filed by several applicants for protection at the same or different chambers of commerce and industry..