Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-02

de2-2Ot 31O7-9 STREET
the progress of the application the delay
of priority shall begin This is distinct
advantage to the American inventor. Tn
der this amendment the delay of priority
would doubtless be made to begin at the
date Of allowance of the application; not
at the date of filing.
1T is proposed to so amend article ; that
1t shall not be necessary for the American
inventor to work his invention in the for
eiSn countries in which he may secure pat
entS. Working means manufacturing, and
is required under penalty of forfeiture of
the patent in most European countries, and
is a most onerouS requirement.
Another important proposed amendment
relates to the interdependence of patents
for the same invention in different coun-
tries. AS the laws stand, a patent
granted for short term in one country
determines the term of the patent granted
in another For ir stance, in the United
States patents are ordinarily granted for
seventeen years. But if the applicant has
taken out foreign patent, having but ten
years or fourteen years to run. his united
States patent is limited to expire with the
foreign patent having the shortest term.
'It is now proposed to do away with this
interdependence of patents, and to have
each patent which is applied for under the
convention issued for its full term, with
out regard to patents in other countries.
1.-The propositions Of the United states
relate to articles = and 4. 1t is proposed TO
so amend article = that the same fees may
be REQUIRED of a foreigner taking a patent
here that are required of American inven-
tors in his county, and to provide that IN
ventionS not patentable in the country OIL
origin may be refused protection in other
countries. This proposed change in article
. has foc its object to correct certain IN
qualities in fees and to deny to others IN
the matter of patentable subject matter
what others deny to us.
trademarks.
'Not the least interesting and important
feature of the conference will he the dis
Cussion of the articles of the convention
| which relate to trademarks and the COM
| mercial name. The Importance of trade
marks would seem to be more fully recog
lzed abroad than here. In many coun-
tries the counterfeitinS of a registered
trademark subjects the offender not only TO
forfeiture of the goods, but to fine and i'm
prisonment. 1t is generally considered OF
even more Importance than patents for in
ventions. Trademarks are of vital i'm
portance to commercial interests. They
furnish to the manufacturer and the mer-
chant the only means by which he can pro-
tect the trade which he has built up by
long years of study and care. They are of
especial importance in foreign commerce.
When goods made in an nglSh-speaking
country pass beyond the confines of that
country something more than English
words are necessary to mark the goods and
distinguish them from similar goods This
mark, III its simplest form-it may be
star a Crescent crossed swords or
the like-is recognized by all peoples what
ever their language. The merchant who
has established a reputation for goods
marked with a crescent should be protected
from those who seek to steal his trade by
marking their goods, perhaps inferior, with
the same crescent.
There is, in respect to the registra ton of
trademarks. almost as wide a difference
between the different countries as in the
matter of patents. In the United States
the rs%istrGnt must be the owner of the
mark and must have actually used it on his
goods in commerce with foreign nations or
the indian tribes. No ore but the owner
of such mark can register it. In some
foreign countries the first applicant, wheth-
er IL fact the owner or in fact a user, of
the mark or not, may register it, and by the
fact of registration becomes the owner of
the mark, Notwithstanding prior use Of the
mark by others. SO il happens that United
State. trademarks which have been long
used and have become OF great value, and
the value of a trademark may be many
thousands of dollars, have been registered
In foreign countries by persons who Were
not connected with the United States own
ers and goods bearing the trademark man.
ufactured in this country are liable to
seizure if imported into the country in
which that ark was so registered. and ii
sold there at all must be sold to or by the
purchased consent OF the registrant This
stealing of trademarks is by no means I'M
common, ard, 1t is said that the bicycle
manufacturers of this country have suf-
Tered materially in their expert trade by
reason of it.
THE United States" Mr. Greeley re-
marked, has not fully entered into the
trademark feature of the convention There
are In connection with the general union
two subordinate or restricted unions one
in reference to the repression of false indi-
cations of origin, the other with respect to
the international registration of trade
marks, The latter is of nartcu1ar n
and Importance. 1t was formed in 1891. and
nine European countries are now members
of it.
"A subject or citizen of one of these coun-
tries having secured registration for his
trade mark in his own country, may, by
applying through his government to the
bureau at Berne, secure registration in all
other countries of the union for fee of 100
francs. about half the government fees for
separate registration in those countries, to
say nothing of the attorneys fees for each
registration. The process followed is for
the applicant through his government to
make formal application to the bureau al
Berne and pay the necessary fee. The bu-
reau registers the mark, publishes a copy
OF the mark in its journal, La Propriete
Industriele, and notifies each of the coun-
tries which are members of the union OF
such registration. Each of these countries
upon such notification registers the mark.
provided it has not already been registered
by some other person.
First Marks Registered.
"The first marks registered under this
arrangement were registered in 1888. In
that year but 76 marks were registered. In
1896 3O4 marks were registered, and the
plan is an undoubted success. 1t is to be
hoped that our citizens will be enabled to
take advantage of this plan, and that this
country will become a member at an early
date Of this union for the International reg
istration of trade marks.
Ia hof fha mil
occupy from two to three weeks. The
United States will be represented at the
conference by Bellamy Story. minister to
Belgium, and by Francis Forbes OF New
York, who was one Of our delegates at the
conference at Madrid. 1t Is hoped that ar
rangements may be made for the next con-
ference to meet In this country.
The Hotel RalmoraI on Mt McGreeor