CHAPTER X. TREATIES OF THE UNITED STATES RELATING TO TRADE-MARKS. SECTION 1. AUSTRIA-HUNGARY. Convention relative to trade-marks. [Concluded November 25, 1871; ratifications exchanged at Vienna April 22, 1872; proclaimed June 1, 1872.] ARTICLE I. Every reproduction of trade-marks which in the countries or territories of the one of the contracting parties are affixed to certain merchandise to prove its origin and quality is forbidden in the countries or territories of the other of the contracting parties, and shall give to the injured party ground for such action or 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 as if the plaintiff were a citizen of that country. The exclusive right to use a trade-mark for the benefit of citizens of the United States in the Austro-Hungarian Empire, or of citizens of the Austro-Hungarian Monarchy in the territory of the United States, can not exist for a longer period than that fixed by the law of the country for its own citizens. If the trade-mark has become public property in the country of its origin, it shall be equally free to all in the countries or territories of the other of the two contracting parties. ARTICLE II. If the owners of trade-marks, residing in the countries or territories of the one of the contracting parties, wish to secure their rights in the countries or territories of the other of the contracting parties, they must deposit duplicate copies of those marks in the Patent Office 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 ratifications, and shall continue in force for ten years from this date. In case neither of the high contracting parties gives notice of its intention to discontinue this convention twelve months before its expiration, it shall remain in force one year from the time that either of the high contracting parties announces its discontinuance. ARTICLE IV. The ratifications of this present convention shall be exchanged at Vienna within twelve months, or sooner if possible. In faith whereof the respective plenipotentiaries have signed the present convention, as well in English as in German and Hungarian, and have affixed thereto their respective seals. Done at Vienna the 25th day of November, in the year of our Lord 1871, in the ninety-sixth year of the Independence of the United States of America, and in the twenty-third year of the reign of His Imperial and Royal Apostolic Majesty. [SEAL.] [SEAL.] JOHN JAY. On the 10th of June, 1891, the Austro-Hungarian Department of Commerce issued a decree, No. 23208, to the following effect: Marks of subjects of Sweden and Norway, as well as (citizens) of the United States of North America, are, by reason of the special conditions of the trade-mark conventions of May 10, 1890, and of November 25, 1871, admitted to registration, even when they only consist of names, firms, and other words, if proof is produced that the same are registered in the home country. SECTION 2. BELGIUM. Article respecting trade-marks additional to the treaty of commerce and navigation of July 17, 1858. [Concluded at Brussels December 20, 1868; proclaimed July 30, 1869.] ADDITIONAL ARTICLE. The high contracting parties, desiring to secure complete and efficient protection to the manufacturing industry of their respective citizens, agree that any counterfeiting in one of the two countries of the trade-marks affixed in the other on merchandise, to show its origin and quality, shall be strictly prohibited, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven. The trade-marks in which the citizens of one of the two countries may wish to secure the right of property in the other must be lodged, to wit: the marks of citizens of the United States at Brussels, in the office of the clerk of the tribunal of commerce; and the marks of Belgian citizens at the Patent Office in Washington. It is understood that if a trade-mark has become public property in the country of its origin it shall be equally free to all in the other country. This additional article shall have the same duration as the beforementioned treaty of the 17th July, 1858, to which it is an addition. The ratifications thereof shall be exchanged in the delay of six months, or sooner if possible. In faith whereof the respective plenipotentiaries have signed the same and affixed thereto their seals. Done at Brussels in duplicate the twentieth of December, eighteen hundred and sixty-eight. [SEAL.] [SEAL.] H. S. SANFORD. JULES VANDER STICHELEN. Treaty of commerce, navigation, and trade-marks. [Concluded March 8, 1875; ratifications exchanged at Brussels, June 11, 1875; proclaimed June 29, 1875.] ARTICLE XV. The high contracting parties, desiring to secure complete and efficient protection to the manufacturing industry of their respective citizens, agree that any counterfeiting in one of the two countries of the trade-marks affixed in the other on merchandise, to show its origin and quality, shall be strictly prohibited, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven. The trade-marks in which the citizens of one of the two countries may wish to secure the right of property in the other must be lodged, to wit: the marks of citizens of the United States, at Brussels, in the office of the clerk of the tribunal of commerce; and the marks of Belgian citizens, at the Patent Office in Washington. It is understood that if a trade-mark has become public property in the country of its origin it shall be equally free to all in the other country. ARTICLE XVI. The present treaty shall be in force during ten years from the date of the exchange of the ratifications, and until the expiration of twelve months after either of the high contracting parties shall have announced to the other its intention to terminate the operation thereof, each party reserving to itself the right of making such declaration to the other at the end of the ten years above mentioned; and it is agreed that after the expiration of the twelve months of prolongation accorded on both sides this treaty and all its stipulations shall cease to be in force. ARTICLE XVII. This treaty shall be ratified, and the ratifications shall be exchanged at Brussels within the term of nine months after its date, or sooner if possible. In faith whereof the respective plenipotentiaries have signed the present treaty in duplicate, and have affixed thereto their seals at Washington, the 8th day of March, 1875. [SEAL.] [SEAL.] HAMILTON FISH. Convention concerning trade-marks. [Concluded April 7, 1884; ratifications exchanged at Washington July 7, 1884; proclaimed July 9, 1884.] ARTICLE I. Citizens of the United States in Belgium and Belgian citizens in the United States of America shall enjoy, as regards trade-marks and trade labels, the same protection as native citizens, without prejudice to any privilege or advantage that is or may hereafter be granted to the citizens of the most favored nation. ARTICLE II. In order to secure to their marks the protection provided for by the foregoing article, the citizens of each one of the contracting parties shall be required to fulfill the law and regulations of the other. ARTICLE III. The present arrangement shall take effect on the day of its official publication, and shall remain in force until the expiration of the twelve months following the notice, given by either of the contracting parties, of its desire for the cessation of its effects. The ratifications of this convention shall be exchanged at Washington as soon as possible within one year from this date. In testimony whereof the respective plenipotentiaries have signed this convention in duplicate, in the English and French languages, and affixed thereto the seals of their arms. Done at Washington the 7th day of April, in the year of our Lord 1884. [SEAL. SEAL. FREDK. T. FRELINGHUYSEN. THRE. de BOUNDER de MELSBROECK. SECTION 3. BRAZIL. Agreement concerning trade-marks. [Concluded September 24, 1878; proclaimed June 17, 1889.] The Government of the United States of America and the Govern ment of His Majesty the Emperor of Brazil, with a view to the reciprocal protection of the marks of manufacture and trade in the two countries, have agreed as follows: The citizens or subjects of the two high contracting parties shall have in the dominions and possessions of the other the same rights as belong to native citizens or subjects in everything relating to property in marks of manufacture and trade. It is understood that any person who desires to obtain the aforesaid protection must fulfill the formalities required by the laws of the respective countries. In witness whereof the undersigned, duly authorized to this end, have signed the present agreement and have affixed thereto the seals of their arms. Done in duplicate at Rio de Janeiro, the 24th day of the month of September, 1878. [SEAL.] [SEAL.] HENRY WASHINGTON HILLIARD. SECTION 4. DENMARK. Convention for the reciprocal protection of trade-marks and trade labels. [Concluded at Copenhagen, June 15, 1892; proclaimed October 12, 1892.] With a view to secure for the manufacturers in the United States of America and those in Denmark the reciprocal protection of their trade-marks and trade labels, the undersigned, duly authorized to that effect, have agreed on the following dispositions: ARTICLE I. The subjects or citizens of each of the high contracting parties shall in the dominions and possessions of the other have the same rights as belong to native subjects or citizens in everything relating to trademarks and trade labels of every kind. Provided always, that in the United States the subjects of Denmark, and in Denmark the citizens of the United States of America, can not enjoy these rights to a greater extent or for a longer period of time than in their native country. ARTICLE II. Any person in either country desiring protection of his trade-mark in the dominions of the other must fulfill the formalities required by the law of the latter; but no person, being a subject or citizen of one of the contracting States, shall be entitled to claim protection in the other by virtue of the provisions of this convention, unless he shall have first secured protection in his own country in accordance with the laws thereof. ARTICLE III. This arrangement shall go into effect immediately on or after the exchange of the ratifications, and shall be in force until a year after it has been recalled by the one or the other of the two high parties. ARTICLE IV. The present convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Denmark, and the ratifications shall be exchanged at Copenhagen as soon as may be within ten months from the date hereof. In witness whereof the undersigned have signed the present convention and have affixed thereto the seal of their arms. Done at Copenhagen in double expedition the 15th June, 1892. [SEAL. CLARK E. CARR. |