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addition to the fee for renewal, claims such renewal. In that case, the renewal holds good from the date of the expiration of the previous term.
$9. A third party can move the erasure of a merchandize mark(1.) If the mark has been already entered for himself in the register for the same, or for a similar class of goods, upon a previous application; or if it is entered in the Registers of Marks established. under the provisions of the Law respecting the protection of marks of the 30th November, 1874;
(2.) When the business to which the merchandize mark in question applies is no longer carried on by the registered owner;
(3.) When there are circumstances to show that the contents of the merchandize mark does not correspond to the actual conditions of the goods, and creates a danger of deception.
If a merchandize mark, excluded from registration under the provisions of the Law respecting the protection of marks of the 30th November, 1874, has been acknowledged in interested commercial circles up to the passing of the present Law as the mark of goods produced by a particular manufactory, then the owner of the business in question, should the same mark have been registered by another person under the provisions of the present Law, may, up to the 1st October, 1895, apply for the erasure of the mark so registered. If his application is granted the mark may be registered in his name, even before the term prescribed in § 4, clause (3), has elapsed.
A motion for erasure must be made by action against the registered owner, or, in case he be dead, against his heirs.
If, before or after the bringing of the action, a transfer of the merchandize mark to another party has taken place, the decision in respect of the suit shall be equally effective and may be executed against the successor in title. The capacity of the successor to take part in the legal proceedings is subject to the corresponding provisions of $$ 63-66, and 73 of the Code of Civil Procedure.
In cases coming under (2), a demand for erasure may be addressed directly to the Patent Office. The Patent Office advises the registered owner of the merchandize mark of the demand so made. If the latter offers no objection for a month after the notification, the erasure is to be effected. If he objects, it devolves upon the person making the demand to bring forward the case for erasure by action at law.
§ 10. Applications for registration of merchandize marks, demands for transfers, and objections to erasures are to be disposed of by way of preliminary and final decisions, in harmony with the procedure governing patent cases. In the cases contemplated in § 5, clause (1), a preliminary decision is not given.
Appeals against a decision rejecting a motion may be lodged with the Patent Office by the bringer of the motion, and appeals against a decision ordering an erasure notwithstanding objection made may be lodged by the owner of the mark, in both cases within one month after the receipt of the motion.
Notifications of registration, transfer, or erasure of a merchandize mark must be given by means of registered letters. If a notification cannot be effected in Germany, it may be intrusted to the post in harmony with §§ 161 and 175 of the Code of Civil Procedure.
§ 11. On the demand of the Courts the Patent Office is bound to express an opinion upon cases respecting registered merchandize marks, in the event of two or more experts giving different opinions in the course of an action at law.
§ 12. The effect of the registration of a merchandize mark is to confer upon the registered owner the exclusive right to affix the merchandize mark in question to goods of the kind stated in the application for registration, their cases or wrappings, to circulate the goods so marked, and to place the mark upon advertisements, price-lists, business letter-paper, notices, bills, or the like.
Erasure is retroactive in the sense that rights resulting from registration cannot be pleaded for the period previous to the actual erasure, during which the reasons for such erasure existed.
§ 13. The registration of a merchandize mark constitutes no hindrance to any person to place, even in an abbreviated form, upon goods, their cases or wrappings, his name, firm, or address, or indications of the kind, date, and place of manufacture, the character or use of the gocds, their price, quantity, or weight, or to employ the same in his business.
§ 14. If any one shall knowingly, or through gross carelessness, mark goods, their cases or wrappings, advertisements, price-lists, business letter-paper, notices, bills, or the like, with the name of another person, or of his firm, or shall illegally place upon the same a merchandize mark enjoying the protection of the present Law, or shall circulate or expose for sale goods so illegally marked, he shall be liable in damages to the injured party.
If he shall have committed the offence knowingly, he shall also be punishable with a fine of from 150 marks to 5,000 marks, or with imprisonment during a term not exceeding six months. The criminal prosecution can only follow upon a demand. The demand can be withdrawn at pleasure.
§ 15. If any one, without the consent of the other party, and with intent to defraud, shall affix to goods, their cases or wrappings, to advertisements, price-lists, business letter-paper, notices, bills, or the like, anything which in interested circles is recognized as distinguishing similar goods of another person, or shall with like
intent circulate or expose for sale goods bearing such signs, he shall be liable in damages to the injured party, and be punishable with a fine of from 100 marks to 3,000 marks, or with imprisonment for a term not exceeding three months. The criminal prosecution can only follow upon a demand. The demand can be withdrawn at pleasure.
§ 16. If any one, with intent to create a misapprehension as to the character or value of goods, shall fraudulently affix to goods, their cases or wrappings, to advertisements, price-lists, business letter-paper, notices, bills, or the like, the armorial bearings of a State, or the name or armorial bearings of a place, commune, or other communal union, or shall, with the like object, circulate or expose for sale goods so marked, he shall be punishable with a fine of from 150 marks to 5,000 marks, or with imprisonment for a term not exceeding six months.
The employment of names which, in accordance with the usage of trade, serve to designate certain goods, without necessarily indicating their origin, do not come under the above provision.
§ 17. Foreign goods which are illegally marked with the name and address of a German firm, or with one of the merchandize marks registered under the provisions of this Law, may, upon their entry into Germany for importation or transit, be seized and confiscated upon application of the injured party, and upon his making a precautionary deposit. The seizure is effected by the Customs and Revenue authorities. The decision as to confiscation is issued as a criminal order by the Administrative authorities (§ 459 of the Code of Criminal Procedure).
§ 18. In the place of any compensation arising out of the present Law, there may be decreed, at the request of the injured party, a fine payable to him not exceeding 10,000 marks, in addition to the penalty. For this fine all the defendants who are sentenced to the same are collectively responsible.
Such a fine having been decreed, further claims to compensation are barred.
§ 19. When a judgment has been pronounced based upon §§ 14-16, and 18, the removal of the illegal marks must be ordered in respect of all goods found in the possession of the defendant, or, if they are not removable in any other manner, the goods themselves so marked must be destroyed.
When judgment has been given in a criminal action, then, in cases falling under $$ 14 and 15, the injured party shall be entitled to cause the sentence to be published at the expense of the defendant. The nature of the publication and the length of delay allowed are to be prescribed in the judgment.
$ 20. The application of the provisions of this Law is not barred
by the existence of variations in any reproductions of foreign names, names of firms, marks, arms, and other distinguishing signs on goods, if there is, in trade, danger of confusion, notwithstanding the existence of the variations in question.
§ 21. In civil suits, where a claim is made out by action or counter-action under the present Law, the procedure and judgment in the last instance shall be left to the Imperial Court, in harmony with § 8 of the Law introducing the Law on the constitution of that Court.
§ 22. Whenever German goods, on their entry into or passage through a foreign country, are subject to the necessity of bearing a mark indicative of their German origin, or when their Customs treatment in respect of merchandize marks is less favourable than that accorded to goods coming from other countries, the Federal Council may decree a like burden to be imposed upon the foreign goods on their entrance into Germany for importation or transit, and may order the seizure and confiscation of the goods in cases of contravention. The seizure is effected by the Customs and Revenue authorities. The decision as to confiscation is issued as a criminal order by the Administrative authorities.
§ 23. A person who is not domiciled in Germany can only claim protection under the terms of the present Law in case that, in the State in which he resides, German merchandize marks can be shown by a notice published in the "Reichs-Gesetzblatt" to enjoy legal protection to the same extent as native merchandize marks.
A claim to protection for a merchandize mark and to the rights accruing from registration can only be made by an agent resident in Germany. The agent shall be entitled to represent his principal in proceedings before the Patent Office under the provisions of the present Law, as also in civil suits affecting the merchandize mark in question, and to initiate criminal actions.
Actions against the registered owner of a merchandize mark are within the jurisdiction of the Court in whose district the representative has his domicile, or, failing this, of the Court in whose district the Patent Office is situated.
Any person applying for the registration of a foreign merchandize mark must show proof that he has applied for and obtained protection for his mark in the country where he is domiciled. Registration is only admissible (except there are Treaties to the contrary) when the merchandize mark fulfils the requirements of the present Law.
§ 24. The provisions of the Law respecting the protection of marks of the 30th November, 1874, will continue to apply to marks entered in pursuance of that Law in the Register of Marks until the 1st October, 1898. At any time up to that date these marks can be offered for registration under the terms of the present Law, to which
they will thereupon become subject. Registration cannot be refused with respect to marks entered in the registers heretofore existing by virtue of older State protection. Such entry is made free of cost and at the date of first application. A certificate from the former Registrars must be adduced respecting the tenour of the original entry.
The protection afforded to the merchandize marks by virtue of older Laws expires simultaneously with the entry in the new register, or, failing this, with the term ending on the 1st October, 1898.
$ 25. The provisions required for the execution of the present Law, in regard to the organization and working of the Patent Office, shall be made by Imperial Decree, with the consent of the Federal Council.
§ 26. The present Law shall come into force on the 1st October,
From and after that date, no further applicatious for registration of merchandize marks, based upon the Law respecting the protection of marks of the 30th November, 1874, can be accepted.
Given under our Imperial hand and seal, Neues Palais, the 12th May, 1894.
CONSTITUTION of the Republic of Hawaii.-Promulgated July 4, 1894.
RIGHTS OF PERSONS AND PROPERTY.
Rights of the Person.
ART. 1.-§ 1. God hath endowed all men with certain inalienable rights, among which are life, liberty, and the right of acquiring, possessing, and protecting property, and of pursuing and obtaining happiness.
§ 2. The Government is conducted for the common good, and not for the profit, honour, or private interest of any one man, family, or class of men.
§ 3. The Legislature may provide by law, however, for the supervision, registration, control, and identification of all persons, or any class or nationality of persons; and may also by law restrict and limit the term of residence, and the business or employinent of all