Publisher's Synopsis
Excerpt from The Existing Tariff on Imports Into the United States, Etc;, And the Free List: Together With Comparative Tables of Present and Past Tariffs, and Other Statistics Relating Thereto; January 7, 1884
Sec. 4. That certificates of registry of trade-marks shall be issued in the name of the United States of America, under the seal of the Depart ment of the Interior, and shall be signed by the Commissioner of Patents, and a record thereof, together with printed Copies of the specifications, shall be kept in books for that purpose. Copies of trade marks and of statements and declarations filed therewith and certificates of registry so_ signed and sealed shall be evidence in any suit in which such trade-marks shall be brought in controversy.
Sec. 5. That a certificate of registry shall remain in force for thirty years from its date; except in cases where the trade-mark is claimed for and applied to articles not manufactured in this country, and in which it receives protection under the laws of a foreign country for a shorter period, in which case it shall cease to have any force in this country by virtue of this act at the time that such trade-mark ceases to be exclusive property elsewhere. At any time during the six months prior to the expiration of the term of thirty years such registration may be renewed on the same terms, and for a like period.
Sec. 6. That applicants for registration under this act shall be credited for any fee, or part of a fee, heretofore paid into the Treasury of the United States with intent to procure protection for the same trade-mark.
Sec. 7. That registration of a trade-mark shall be prima facie evidence of ownership. Any person who shall reproduce, counterfeit, copy, or colorably imitate any trade-mark registered under this act and afiix the same to merchandise of substantially the same descriptive properties as those described in. The registration, shall be liable to an, action on the case for damages for the wrongful use of said trade-mark, at the suit of the owner thereof; and the party aggrieved shall also have his remedy according to the course of equity to enjoin the wrongful use of such trade-mark used in foreign commerce or commerce with Indian tribes, as aforesaid, and to recover compensation therefor in any court having jurisdiction over the person guilty of such wrongful act; and courts of the United States shall have original and appellate jurisdiction in such cases without regard to the amount in controversy.
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