JUNE 14, 1880.

(U. S. STATUTES AT LARGE, VOL. XXI., p. 198.)

CHAP. 214. An Act to amend an Act entitled "An Act to amend the Statutes in relation to Immediate Transportation of Dutiable Goods, and for other Purposes."

2311. That in the act entitled "An Act to amend the statutes in relation to immediate transportation of dutiable goods, and for other purposes," approved June tenth, eighteen hundred and eighty, the words "section four," where they occur in the first section of the act, be changed to "section five." (2161.)

JUNE 14, 1880.

(U.S. STATUTES AT LARGE, VOL. XXI., p. 309.)

[No. 52.] Joint Resolution for the Relief of certain Persons in respect of Duties demanded of them upon the import of certain Articles named therein.

2312. WHEREAS, By a circular of the Secretary of the Treasury, issued in eighteen hundred and seventy-eight, after a decision of a case between the United States and an importer in the Circuit Court of the United States for the Southern District of New York, all the articles named in the following resolution were directed to be imported on payment of a duty of thirty-five per cent. ad valorem; and

WHEREAS, The Secretary of the Treasury, by letter of March twelfth, eighteen hundred and eighty, to the House of Representatives, has communicated his purpose to revoke said circnlar, and subject said articles to the specific duty imposed by existing law on all band, hoop, and scroll iron; and

WHEREAS, It is represented, that confiding in the said circular of the year eighteen hundred and seventy-eight, parties have contracted for such articles to be imported under the duty of thirty-five per centum ad valorem, and it is right and proper to relieve them from the effect of the change of orders by the Secretary of the Treasury upon his construction of the existing law, but without intending to alter existing law, or to interpret by legislative act the effect thereof, leaving that to the judicial tribunals, except as to the special cases herein provided for; therefore,

2313. Resolved, etc., That the Secretary of the Treasury be, and he is hereby authorized and directed to cause to be levied upon all articles under the designation of "cut hoops," "hoops cut to length," "hoops cut and punched," and "barrel hoops," the duty of thirty-five per centum ad valorem, which shall be shown to the satisfaction of the Secretary of the Treasury to have been ordered under bonâ fide and absolute contracts made and entered into prior to March twelfth, eighteen hundred and eighty, and which shall be imported from any foreign country into the United States, prior to the first day of January, eighteen hundred and eighty-one.

2314. And the amount of any duties, in excess of thirty-five per centum ad valorem, paid since the twelfth day of March, eighteen hundred and eighty, upon any of the articles herein before named, which shall be shown as aforesaid to have been imported under such contracts, shall be refunded to the parties entitled thereto out of any money in the Treasury, not otherwise appropriated.

MARCH 3, 1881.

(U. S. STATUTES at Large, VOL. XXI., p. 502.)

CHAP. 138. An act to authorize the registration of trade-marks and protect the same.

2315. That owners of trade-marks used in commerce with foreign nations, or with the Indian tribes, provided such owners shall be domiciled in the United States, or located in any foreign country or tribes which by treaty, convention or law, affords similar privileges to citizens of the United States, may obtain registration of such trade-marks by complying with the following requirements:

First. By causing to be recorded in the Patent Office a statement specifying name, domicile, location, and citizenship of the party applying; the class of merchandise and the particular description of goods comprised in such class to which the particular trade-mark has been appropriated; a description of the trade-mark itself, with fac-similes thereof, and a statement of the mode in which the same is applied and affixed to goods, and the length of time during which the trade-mark has been used.

Second. By paying into the Treasury of the United States the sum of twentyfive dollars, and complying with such regulations as may be prescribed by the Commissioner of Patents.

2316. SEC. 2. That the application prescribed in the foregoing section must, in order to create any right whatever in favor of the party filing it, be accompanied by a written declaration verified by the person, or by a member of a firm, or by an officer of a corporation applying, to the effect that such party has at the time a right to the use of the trade-mark sought to be registered, and that no other person, firm, or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive; that such trade-mark is used in commerce with foreign nations or Indian tribes, as above indicated; and that the description and facsimiles presented for registry truly represent the trade-mark sought to be registered.

SEC. 3. That the time of the receipt of any such application shall be noted and recorded. But no alleged trade-mark shall be registered unless the same appear to be lawfully used as such by the applicant in foreign commerce or commerce with Indian tribes, as above mentioned, or is within the provision of a treaty, convention, or declaration with a foreign power; nor which is merely the name of the applicant ; nor which is identical with a registered or known trade-mark owned by another and appropriate to the same class of merchandise, or which so nearly resembles some other person's lawful trade-mark as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers. In an application for registration the Commissioner of Patents shall decide the presumptive lawfulness of claim to the alleged trade-mark; and in any dispute between an applicant and a previous registrant, or between applicants, he shall follow, so far as the same may be applicable, the practice of courts of equity of the United States in analogous cases.

2317. SEC. 4. That certificates of registry of trade-marks shall be issued in the name of the United States of America, under the seal of the Department of the Interior, and shall be signed by the Commissioner of Patents, and a record thereof, together with printed copies of the specifications, shall be kept in books for that purpose. Copies of trade-marks and of statements and declarations filed therewith and certificates of registry so signed and sealed shall be evidence in any suit in which such trade-marks shall be brought in contro

versy.

2318. SEC. 5. That a certificate of registry shall remain in force for thirty years from its date; except in cases where the trade-mark is claimed for and applied to articles not manufactured in this country, and in which it receives protection under the laws of a foreign country for a shorter period, in which case it shall cease to have any force in this country by virtue of this act at the

time that such trade-mark ceases to be exclusive property elsewhere. At any time during the six months prior to the expiration of the term of thirty years such registration may be renewed on the same terms, and for a like period.

2319. SEC. 6. That applicants for registration under this act shall be credited for any fee, or part of a fee, heretofore paid into the Treasury of the United States with intent to procure protection for the same trade-mark.

2320. SEC. 7. That registration of a trade mark shall be prima facie evidence of ownership. Any person who shall reproduce, counterfeit, copy or colorably imitate any trade-mark registered under this act and affix the same to merchandise of substantially the same descriptive properties as those described in the registration, shall be liable to an action on the case for damages for the wrongful use of said trade-mark, at the suit of the owner thereof; and the party aggrieved shall also have his remedy according to the course of equity to enjoin the wrongful use of such trade-mark used in foreign commerce or commerce with Indian tribes, as aforesaid, and to recover compensation therefor in any court having jurisdiction over the person guilty of such wrongful acts; and courts of the United States shall have original and appellate jurisdiction in such cases without regard to the amount in controversy.

2321. SEC. 8. That no action or suit shall be maintained under the provisions of this act in any case when the trade-mark is used in any unlawful business, or upon any article injurious in itself, or which mark has been used with the design of deceiving the public in the purchase of merchandise, or under any certificate of registry fraudulently obtained.

2322. SEC. 9. That any person who shall procure the registry of a trademark, or of himself as the owner of a trade-mark or an entry respecting a trade-mark, in the office of the Commissioner of Patents, by a false or fraudulent representation or declaration, orally or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence thereof to the injured party, to be recovered in an action on the case.

2323. SEC. 10. That nothing in this act shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trade-mark might have had if the provisions of this act had not been passed.

2324. SEC. 11. That nothing in this act shall be construed as unfavorably affecting a claim to a trade-mark after the term of registration shall have expired; nor to give cognizance to any court of the United States in an action or suit between citizens of the same State, unless the trade-mark in controversy is used on goods intended to be transported to a foreign country, or in lawful commercial intercourse with an Indian tribe.

2325. SEC. 12. That the Commissioner of Patents is authorized to make rules and regulations and prescribe forms for the transfer of the right to use trademarks and for recording such transfers in his office.

2326. SEC. 13. That citizens and residents of this country wishing the protection of trade-marks in any foreign country, the laws of which require registration here as a condition precedent to getting such protection there, may register their trade-marks for that purpose as is above allowed to foreigners, and have certificate thereof from the Patent Office.

APRIL 7, 1882.

(U. S. STATUTES AT LARGE, VOL. XXII., p. 41.)

CHAP. 73.-An act to admit free of duty articles intended for exhibition at the National Mining and Industrial Exposition to be held in the city of Denver, in the year eighteen hundred and eighty

two.

2327. That all articles which shall be imported for the sole purpose of exhibition at the National Mining and Industrial Exposition to be held in the city of Denver, in the year eighteen hundred and eighty-two shall be ad

mitted without the payment of duty or custom fees, or charges, under such regulations as the Secretary of the Treasury shall prescribe. Provided, That all such articles as shall be sold in the United States, or withdrawn for consumption therein at any time after such importation, shall be subject to the duties, if any, imposed upon like articles by the revenue laws in force at the date of importation. And provided further, That in case any articles imported under provisions of this act, shall be withdrawn for consumption, or shall be sold without payment of duty as required by law, all the penalties prescribed by the revenue laws shall be applied and enforced against such articles and against the persons who may be guilty of such withdrawal or sale.

APRIL 25, 1882.

(U. S. STATUTES AT LARGE, VOL. XXII., p. 49.)

CHAP. 89.—An act to amend section three thousand and sixty-six of the Revised Statutes of the United States, in relation to the authority to issue warrants.

That section three thousand and sixty-six of chapter ten, title thirty-four, of the Revised Statutes of the United States, be amended so as to read as follows:

2328. "SEC. 3066. If any collector, naval officer, surveyor, or other person specially appointed by either of them, or inspector, shall have cause to suspect a concealment of any merchandise in any particular dwelling-house, storebuilding, or other place, they, or either of them, upon proper application on oath to any justice of the peace, or district judge of cities, police justice, or any judge of the circuit or district court of the United States, or any Commissioner of the United States circuit court, shall be entitled to a warrant to enter such house, store, or other place, in the daytime only, and there to search for such merchandise; and if any shall be found, to seize and secure the same for trial; and all such merchandise, upon which the duties shall not have been paid, or secured to be paid, shall be forfeited."

MAY 6, 1882.

(U. S. STATUTES AT LARGE, VOL. XXII., p. 58.)

CHAP. 120.—An act to repeal the discriminating duties on goods produced east of the Cape of Good

Hope.

2329. That section two thousand five hundred and one of the Revised Statutes of the United States which reads as follows:

"There shall be levied, collected, and paid on all good, wares, and merchandise of the growth or produce of the countries east of the Cape of Good Hope (except wool, raw cotton and raw silk, as reeled from the cocoon, or not further advanced than tram, thrown, or organzine,) when imported from places west of the Cape of Good Hope, a duty of ten per centum ad valorem in addition to the duties imposed on any such article when imported directly from the place or places of their growth or production," be and the same is hereby repealed from and after the first day of January, eighteen hundred and eightythree.

JUNE 28, 1882.

(U. S. STATUTES AT LARGE, VOL. XXII., p. 116.)

CHAP. 253.—An act to admit free of duty articles intended for the exhibition of art and industry to be held at Boston, Massachusetts, during the year eighteen hundred and eighty-three. 2330. That all articles which shall be imported for the sole purpose of exhibition at the exhibition of art and industry to be held at the city of Boston, in

the State of Massachusetts, in the year eighteen hundred and eighty-three, shall be admitted without the payment of duty or of custom fees or charges, under such regulations as the Secretary of the Treasury shall prescribe: Provided, That all such articles as shall be sold in the United States, or withdrawn for consumption therein, at any time after such importation, shall be subject to the duties, if any, imposed on like articles by the revenue laws in force at the date of importation: And provided further, That in case any articles imported under the provisions of this act shall be withdrawn for consumption, or shall be sold without payment of duty as required by law, all the penalties prescribed by the revenue laws shall be applied and enforced against such articles and against the persons who may be guilty of such withdrawal or sale.

2331. SEC. 2. That the entire stock of each exhibitor, consisting of goods, wares, and merchandise imported by him and which may be in said buildings is hereby declared liable for the payment of duties accruing on any portion thereof, in case of the removal of such portion from said buildings without payment of the lawful duties thereon.

2332. SEC. 3. That the penalties prescribed by, and the provisions contained in, section three thousand and eighty-two of the Revised Statutes, shall be deemed and held to apply in the case of any goods, wares, or merchandise which may be in said buildings sold, delivered, or removed without payment of duties, in the same manner as if such goods, wares, or merchandise had been imported contrary to law; and the article or articles so sold, delivered, or removed, shall be deemed and held to have been so imported, with the knowledge of the parties respectively concerned in such sale, delivery, or removal.

AUGUST 5, 1882.

(US. STATUTES AT LARGE, VOL. XXII., p. 298.)

CHAP. 393. An act relating to the registration of trade-marks.

2333. That nothing contained in the law entitled "An act to authorize the registration of trade-marks and protect the same," approved March third, eighteen hundred and eighty-one, shall prevent the registry of any lawful trademark rightfully used by the applicant in foreign commerce or commerce with Indian tribes at the time of the passage of said act.

AUGUST 7, 1882.

(U. S. STATUTES AT LARGE, VOL. XXII., p. 301.)

CHAP. 431.-An act to correct an error in section twenty-five hundred and four of the Revised Statutes of the United States.

2334. That the paragraph beginning with the words "clothing, ready-made and wearing apparel," under schedule M of section twenty-five [hundred and four] of the Revised Statutes of the United States, be, and the same is hereby, amended by the insertion of the word "wool" before the word "silk" in two places where it was omitted in the revision of the said statutes; so that the same shall read as follows:

"Clothing, ready-made, and wearing apparel of every description, of whatever material composed, except wool, silk and linen, made up or manufactured wholly or in part by the tailor, seamstress, or manufacturer, not otherwise provided for, caps, gloves, leggins, mitts, socks, stockings, wove shirts and drawers, and all similar articles made on frames of whatever material composed, except wool, silk, and linen, worn by men, women, or children, and not otherwise provided for, articles worn by men, women, or children, of whatever material composed, except wool, silk and linen, made up, or made wholly or in part by hand, not otherwise provided for: thirty-five per cent. ad valorem."