The Portland daily press., 1873-01-28

AMERICA.
A proclamation.
Whereas convention between the United States
of America and His Majesty the Emperor Of Aus
ria and Hungary relating to the protection OF trade
marks, was signed at Vienna by their respective
plenipotentiaries the twenty-ffth day of Novem-
per In the year of Lord one thousand eight hun
dred and seventyone, the original of which conven-
ton, in the English Hungarian, and German Ian
guages, is, word for word, as follows:
The United States of America and His Majesty the
Emperor of Austria, King of Bohemia, &c. and
Apostolic King of Hungary, desiring to secure in their
respective territories guarantee OF property in trade
marks, have resolved to conclude special conven-
ton for his purpose, and have named as their Pen-
ipotentiaries:
The President of the United States of America,
John JAY their Envoy Extraordinary and Minister
Plenipotentiary from the United States of America
His Majesty the Emperor Of Austria and Apostolic
King of Hungary the Count Julius Andrassy of Csik
Counselor and Minister Of the imperial House and Of
Foreign Affairs, Grand Cross of the Order of St.
S.c"H.n &C. &c, &C., who have agreed to sign the
following articles:
ARTICLE 1.
Every reproduction of trademarks which, in the
countries territories of the one of the contracting
parties are affixed to certain merchandise to prove
It's origin and quality is forbidden in the countries
shall i've to the injured party ground for such action
proceedings to prevent such reproduction, and to
recover damages for the same as may be authorized
by the laws of the country in which the counterfeit is
proven just if the plaintiff were citizen Of that
country.
The exclusive right to use a trademark for the
benefit of citizens of the United States in the Austro
Hungarian Empire, or of citizens of the Austro-
Hungarian M)narchy in the territory of the United
States, cannot exist for longer period than that
fixed by the law of the country for its citizens
If the trademark has become public property in the
country of It's origin it shall be equally free to all in
the countries territories of the other of the two
contract ting parties.
ARTICLE II.
If the owners of trademarks residing in the coun-
tries territories of the of the contracting par
tie wise to their rights in the countries ter
must deposit duplicate copies of those marks in the
Patent-Ofice at Washington, and in the Chambers of
Commerce and Trade in Vienna and Pesth
ARTICLE III.
The present arrangement shall take effect ninety
days after the exchange of ratifcations, and shall
continue in force foc ten years from tn date.
In case neither of the high contracting parties give
notice of its intention to discontinue this convention
twelve months before its expiration, it shall remain
in force year from the time that either of the
high contracting parties announces Its discontinue
ance.j
ARTICLE ".
The notifications of this present convention shall be
exchanged at Vienna within twelve months,or sooner,
If posi- lie.
In faith whereof the respective Plenipotentiaries
have signed the present Convention as well in Eng
lish as in German and Hungarian, and have affixed
thereto their respective seals.
Done at Vienna the twenty-ifth day of November,
in the year of our Lord one thou and eight hundred
and seventy-one in the ninetysixth year of the In
dependence of the United States of America, and in
the twentythird year of the reign of His Imperial
and Royal Apostolic Majesty.
us. JOHN JAY.
IL. s, ANDRASSY.
And whereas the said convention has been duly
ratified on both parts and the respective Publications
of the same were exchanged at Vienna on the twen-
ty-second day of April last
Now, therefore, be it known that I, Ulysses s.
Grant, President of the United States of America,
have caused the said convention to be made public
the end that the same, and every clause and part
thereof may be observed and fulfilled with good
faith by the United States and the citizens thereof
In witness whereof have hereunto set my hand
and caused the seal OF the United States be affixed
Done az the city of Washington this first day of
June, In the year of our Lord thousand eight
hundred and seventy-two and of the independence
of the United States of America the ninety sixth
lsEAL U. S. GRANT.
BY the President:
HAMILTON FISH,
Secretary Of State.