The Washington times., 1902-03-13
They Extend Over Porto Rico
and Isle of Cuba.
PHILIPPINES NOT INCLUDED.
Attorney General Knox Replies to Sec
retary Hitchcock-Pacidc Possession
Not Regarded as Organized Territory
Text of the Ruling.


cock by Attorney General Knox setting
forth this fact is as follows:
Department of Justice
Washington. D. c., February 10. 1902.
"Sir: 1 have received your letter Of the
11th instant asking my opinion as to the
rights of residents of the Philippine Is
lands, Cuba, and Porto Rico in regard to
the registration of trademarks in the
United States, In view of the treaty OF
peace and the subsequent legislation by
Congress relating TO those islands,
THE trademark act of Congress of
March g. 1881, provides that owners OF
trade marks used in commerce with for
eign nations or with the Indian tribes,
provided that such owners shall be domi-
ciled in the UnHed States or located in
any foreign country or tribes which. by
treaty, convention, or law, afford simi-
lar privileges to citizens of the United
States may obtain registration of such
trade marks by complying with the fol-
lowing requirements.
Question of Law.
In so far as residents of Porto Rico
arc concerned, laws of Congress not local
ly inapplicable have. by the act for the
government of that island and by Revised
Statutes, section 1881, been extended to
1t.
What laws are locally inapplicable is
Bometimes a difficult question; but in
Hornbuckle VS.. Toombs Us Wall, 654) the
Supreme Court says:
That clause has the effect. undoubted-
", of importing into the Territory the
laws passed by Congress to prevent and
punish offences against the revenue the
mail service and ether laws of general
character and universal application, but
not those of specific application. Tine
act Of March ,, 1881, has a specific appli-
cation to the courts Of the United States
by its very terms. and is not of universal
application and cannot be made to apply
to the Territorial courts under said clause
OF said organic act.
Porto Rico has been fully organized
under a law of Congress providing the de-
tails of its government, and organized for
the most part upon the plan adopted for
the Territories contiguous to the States
of the Union. The presumption from the
whole tenor Of this organic act is that
liberal construction of the provision ex
tending the laws of the United States
would comport with the design of Con-
gress.
Trademark Act.
THE trademark act, however, is con-
fined, so far as our country is concerned,
to owners of trademarks domiciled in the
Illteu SlaIeS, anu II may pS dTBucu tudL
persons domiciied in Porto Rico are diff
ferent class and that by the terms Of the
act of Congress the law is inapplieable in
Porto Rico But il seems to me that in
enquiring into the applicability OF law
transferred a s a part of a system undoubt-
adly intended only for another country
when passed we should pay more attention
to substance than to words. While it is
true that persons domiciled in the United
har dieti sta
is also true that the trade mark law is
not based upon anything specific or pecu-
liar in that status which should lead us to
narrow its application. since it equally
embraces foreigners who are not residents
at all In the United States. but in their
. own foreign countries or tribes.
Nor is there anything peculiar in the
relations between the Government of the
United States and a person, domiciled in
the United States different from the rela
tions between the Government of the
United States and a person domiciled in
Porto Rico, which should prevent US from
regarding this law as extending to the
latter. The rights. privileges, and i'm
munities of citizens as such are not in
volved and, in short, there is no per-
ceivabIe reason why Congress should
make a distinction between residents of
the United States and residents of Porto
Rico.
I'm addition to this the trade mark act
undoubtedly applied to the United States
in the sense of the States. the organized
Territories, and the District of Column
bia and not in the sense of the States
united. The law was therefore broad
originally and intended to apply to Ter
ritories as well as States. To these or
ganized Territories Porto Rico, similarly
and completely organized, has now been
added
I'm addition to these suggestions it is
apparent that a law regulating our ar
rangements with foreign countries and
referring to treaties and conventions up
on the same subject should be treated as
concerning the United States in a very
broad sense. (Downes V. Bidwell, 1872 U.
s.. PAD
Il am of opinion. therefore, that resi-
dents Of Porto Rico are entitled to regis
ter trademarks under the act OF Con-
gress first referred to.
Not For Philippines.
"As for the Philippine Islands, / do not
regard them as completely organized Ter
Titcries in contemplation of Revised Stat
gtes, section 1881 The general course of
governmental legislation and action con-
cerning them seems to me to indicate that
Congress and the executive have taken
the same view OF them. and the trade
mark act, especially that part which con-
Germs persons domiciled in the United
States. is not q treaty or convention or
other international act such that the
phrase the United States employed in IT
has been regarded by the courts as extend
ing to all places, however remote, within
our dominions. Moreover, the phrase
United States is converted in sections 5
and - into this country which may well
be regarded as too narrow to embrace an
after acquired archipelago 5000 miles
across the ocean.
81 think. therefore. that the residents
of the Philippines are not. as such, en-
titled to the privileges of the trade mark
Law.
Cuba is a foreign country, and persons
domiciled there are not domiciled in the
United States. The treaties OF Spain no
longer apply in Cuba, and We have no
treaty or convention with Cuba. unless
what is known as the Platt amendment
(31 Stat l.. S97) may be regarded as
such. That does not concern trade
marks.
Cuba is at present governed by our
selves. and the law there purporting to
give similar privileges to citizens of the |
United States as those given by our
trade mark law general order No. 160) |
will doubtless be continued since 1t is |
Itself but continuation OF the arrange |
ment made by our treaty with Spain.
Cuba may therefore be regarded as one
1f the countries with which We have re-
eiprocal arrangements. and a person To-
,sted there Is entitled to register trade
marks under our law. Respectfully.
"P. C. KNOX,
Attorney General"