The weekly standard., 1870-08-17
tH n

to which 1t is appropriated in the statemept
filed under oath as aforesaid, and no other per-
son thall lawfully use the same trademark, or
substantially the same, or so nearly resembling
IT as to be calculated to deceive, upon substan-
TALLY the same description OF goods: Provided,
That siH months prior to the expiration Of said
term of thirty years, application may be made
ior renewal of such registration, under regu-
lations to be prescribed by the Commissioner VI
fatents, and the fee for such renewal shall be
the same as for the original registration; Ger
tlf1cate of such renewal shall be issued In tho
same manner as Tor the original registration, and
such trade mark shall remain In iorcc Tor = fur
ther term OF thirty years: Aud provided jur-
thcr, That nothing In this section shall be con-
strued by any court as abridging or In any man.
ncr affecting uniavorably the claim OF any per-
son, urn, corporation, or company to any
trademark after the expiration Of the term for
which such Trademark was registered. s.
Sec. 70. And be It further enscted, That any
person or corporation who shall reproduce,
counterfeit, copy, or initiate any such recorded
trade. mark, and aflix the ,ame to goods Of SUBJ
staniiaily the same descriptive properties and
qualities as those referred to in the rcgistration
shall be liable to an action in the case for dam
ages ior such wrongful use Of said trade mark,
at the SUIT OF the owner thereof, In any court Of
competent Jurisdiction in the United States, and
the party aggrieved shall also have his remedy
according TO the course of equity TO en]oin the
wrongful use of his trade mark and to recover
compensation therefor in any court having ju-
risdicton over the person guilty of such wrong
ful use. The Commissioner OF Patents shall not
receive and record any proposed trademark
which Is not and cannot become lawful trade
mark, or which Is merely the name of person,
firm, or corporation only, unaccompanied by
mark sufficient to distinguish It from the same
name when used by other persons, or which Is
identical with trademark appropriate to the
rlaeg nj merchandise bo1n otpsr %
different owner, and already registered or re-
ceived for registration, or which so nearly re-
sembles such last mentioned trademark as to be
likely to deceive the public: Provided, That
this section shall not prevent the registry of any
lawful trademark rightfully used at the time Of
the passage of this act tJa ie
Sec. 80. And be 1t further enacted, That tho
time of the receipt Of any trade mark at the
Patent Office for registration shall be noted and
recorded, and copies Of the trade. mark and o.
the date Of the receipt thereof, and Of the state
ment filed herewith. under the seal OF the II
tent Office, certified, ,bS the CommifsioneEi
be evidence IN any suit In which sucI
mssk see ST. And g snasssd
Commissioner of Patcn(s.is authorized Y
rules, regulations, and prescribe forms ioft6o
transfer of the right to use OF such trademarks,
conforming as nearly rs practicable to tho re-
quircments of law respecting the transfer and
transmission OF copy rights.
Sec. S3. And be 1t further enacted, That any
person who shall procure the the registry Of any
trademark, or of himself as the owner thereof,
or an entry respecting trademark, In the Pa
tent Office under this act. by making any false
or fraudulent representations or declarations,
verbally or in writing, or by any fraudulent
means, shall be liable to pay damages iE conse-
quence Of any such registry or entry TO the
person injured thereby, to be recovered in On
action on the case before any court of compe-
tent Jurisdiction within the limited States.
Sec. SO. And be 1t further enacted, That moth.
ing In this act shall prevent, lesscn impeach, or
avoid any remedy at law or In equity, which
any party aggricved by any wrongful use Of any
Trademark might have had If this act had NOT
been passed.
Sec 81. And be 1t further enacted, That no
action shall be maintained under the provisions
of this act by any person claiming the exclusive
right to any Trademark which is used or claimed
In any unlawful business, or upon any article
which is injurious in itself, or upon any trade
mark, which has been iradulently obtained, or
which has been formed and used with the dt-
sign OF decelving the public in the purchase or
use of any article of merchandise. .-r
Sec. S. And be it further enacted, That all
records and other things relating 10 copyrights
and required by law to be preserved, shall be
under the control of the Librarian of Congress,
and kept and preserved in the Library OF Con-
gress; and the Librarian of Congress shall have
the Immediate care and supervision thereof, and,
under the supervision of the Joint Committee OF
Congress OH the Library. shall perform oil ncts
and duties required by law touching copyrights.
The Librarian shall cause a seal to be provided
for said office, with such device as the joint
Committee on the Library may approve, With
which all records or papers issued from raid
Office, are to be used in evidence, shall be au-
thenticated. He shall also give an additional
bond, with sureties, to the Treasurer of the
limited 2tatpc in the nf fva fhnucoud dbl
lars, with the condition that he will render to
the proper officers of the treasury true &C
count OF all moneys received by virtue of his
office. He shall also make an annual report To
Congress OF the number and description OF copy
right publications for which entries have been
Congress shall receive yearly compensation OF
four thousand dollars, to commence when this
act shall take effect.
Sec. Sc. And be 1t further enacted, That any
citizen of the United States, resident therein,
who shall be the author, inventor, designer, or
proprietor OF any book, map, chart, dramatic or
musical ! composition, engraving, cut, print, Or
ing, drawing, chrome, statue, statuary, and Of
models or designs intended to be perfected rs
works of the fine arts, and his executors, ad-
or assigns, shall, upon complying
with the provisions of this act, have the sole.
OF publicly performing or repre-
5tullIS VI Cduoius IL " w PCtioihSh VI iSP-
resented by others and authors may rcscrve
he right to dramatze or to translate their own
works.
Sec. 81. And be 1t further enacted, That copy
lights shall be granted for the term of twenty
eight years from the time of recording the title
hereof, in the manner hereinafter directed.
Sec. 49, And be it further enacted, That the
author, inventor, or designer, i he be still liv-
ing and citizen of the United States or resi-
dent therdin, or his widow or children, If he be
dead, shall have the same exclusive right con-
tinued for the further term of fourteen years,
upon recording the title of the work or descrip-
tiOn of the article SO secured second time, and
complying with all other regulations In regard
to original copyrights, within six months before
the expiration OF the first: term. And such per.
son shall, within two months from the date OF
said renewal, cause copy Of the record thereof
to be published in one or more newspapers,
printed in the United State', for the space OF
four weeks.
Sec 49, And be it further enacted, That copy
rights shall be assignable in law, by any lnstru-
ment of writing, and such assignment shall be
recorded in the Office Of the Librarian Of Con-
gress within sixty days after its execution, In
subsequent purchaser or m0rtagee ior q valuable
consideration, without notice.
Sec 90. And be 1t further enacted, That no
person shall be entitled to copyright unless he
shall, before publication, deposit In the mail
printed copy OF the title OF the book or other
article or description Of the painting, drawing,
chrome, statue, statuary, or model or design for
a work of the fine arts, for which he desires
copyright, addressed to the Librarian oi Con.
gress, and, within ten days from the publication
thereof, deposit In the mail two copies OF such
copyright book or other article, or in case of a
painting, drawing, statue, statuary, model or
design for work of the fine arts, photograph
of the same, 20 DO addressed to said Librarian
of Congress, as hereinafter to be provided.
Sec 9l. And be it further enacted, That the
Librarian of Congress shall record the name Of
such copyright book, or other article, forthwith
in book to be kept for that purpose, In the
words following Library oil =, ammo Dom
ini - B., Of -, hath deposited in this
office the title of book, (map, chart, or other
wise, as the case may be, or description OF the
article,) the title or description OF which is in
the following words, to-wit; (here insert the
titic or description,) the right whereof be
the case may bc) in conformity with the laws oi
the United States respecting copyrights. Z. d.,
Librarian OF Congress-" And ho shall give a
copy of the title or description, under the seal
OF the Librarian Of Congress, to said proprietor,
whenever he shall require it.
Sec. 90. And be it further enacted, That for
recording the title or description Of any copy
right book or other article, the Librarian oi
Congress shall receive, from the person claiming
the same, fifty cents; and Tor every copy undei
seal actually given to euch person or bis assigns
fifty cents and for recording any Instrument O
writing for the assignment OF copyright, III
teen cents for every one hundred words; ant
for every copy thereof, ten cents for every on
hundred words, which moneys, so received
shall be paid into the treasury of the United
States
Sec az And he il further enacted That th