Volume 49 · 1540
Public Law 74–617
To effectuate certain provisions of the International Convention for the Protection of Industrial Property as revised at The Hague on November 6, 1925.
Approved June 20, 1936
Statutory text
AN ACT
To effectuate certain provisions of the International Convention for the Protection of Industrial Property as revised at The Hague on November 6, 1925.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4 of
Trade marks.
Vol. 33, p. 725.
U. S. C., p. 512.
the Trade Mark Act of February 20, 1905 (U. S. C., title 15, sec. 84), as amended, be amended to read as follows:
“That an application for registration of a trade mark filed in this
Application for, previously filed in a country granting reciprocal privileges.
country by any person who has previously regularly filed in any foreign country which, by treaty, convention, or law, affords similar privileges to citizens of the United States an application for registration of the same trade mark shall be accorded the same force and effect as would be accorded to the same application if filed in this country on the date on which application for registration of the same trade mark was first filed in such foreign country: Provided,
Provisos.
Time limitation.
That such application is filed in this country within six months from the date on which the application was first filed in such for-
Registration of collective mark belonging to association.
U. S. C., p. 542.
eign country: Provided further, That subject to the provisions of section 5 of said Trade Mark Act (U. S. C., title 15, sec. 85) registration of a collective mark may be issued to an association to which it belongs, which association is located in any such foreign country and whose existence is not contrary to the law of such country, even if it does not possess an industrial or commercial establishment: And provided further,
Issue of certificate restricted.
That certificate of registration shall not be issued for any mark for registration of which application has been filed by an applicant located in a foreign country until such mark has been actually registered by the applicant in the country in which he is located.”
Approved, June 20, 1936.