Proof of registration. Rules for transfer of trade-marks. Penalty for fraudulent registration. or received for registration, or which so nearly resembles such last-mentioned trademark as to be likely to deceive the public: Provided, That this section shall not prevent the registry of any lawful trade-mark rightfully used at the time of the passage of this act. 80. The time of the receipt of any trademark at the Patent Office for registration shall be noted and recorded, and copies of the trade-mark and of the date of the receipt thereof, and of the statement filed therewith, under the seal of the Patent Office, certified by the Commissioner, shall be evidence in any suit in which such trade-mark shall be brought in controversy. 81. The Commissioner of Patents is authorized to make rules, regulations, and prescribe forms for the transfer of the right to the use of such trade-marks, conforming as nearly as practicable to the requirements of law respecting the transfer and transmission of copyrights. 82. Any person who shall procure the the registry of any trade-mark, or of himself as the owner thereof, or an entry respecting a trade-mark, in the Patent Office, under this act, by making any false or fraudulent representations or declarations, verbally or in writing, or by any fraudulent means, shall be liable to pay damages, in consequence of any such registry or entry, to the person in jured thereby, to be recovered in an action on the case before any court of competent jurisdiction within the United States. remedies pre 83. Nothing in this act shall prevent, lessen, Common law impeach, or avoid any remedy at law or in served. equity, which any party aggrieved by any wrongful use of any trade-mark might have had if this act had not been passed. sustained on or deceptive trade 84. No action shall be maintained under No action to be the provisions of this act by any person fraudulent claiming the exclusive right to any trade- marks. mark which is used or claimed in any unlawful business, or upon any article which is injurious in itself, or upon any trade-mark which has been fraudulently obtained, or which has been formed and used with the design of deceiving the public in the purchase or use of any article of merchandise. SEC. 104. Limitation of time of action. 105. Pleading. 106. Actions cognizable by circuit court. Librarian of Congress to have rights. 5 Feb., 1859, ch. 380, 381. SEC. 107. Appeals to Supreme Court U. S. 108. Full cost to be allowed. 109. Transfer of books, &c., to Library of Congress. 85. All records and other things relating charge of copy- to copyrights, and required by law to be preserved, shall be under the control of the Li22. 38, v. 11, pp. brarian of Congress, and kept and preserved in the Library of Congress; and the Librarian of Congress shall have the immediate care and supervision thereof, and, under the supervision of the Joint Committee of Congress on the Library, shall perform all acts and duties required by law touching copyShall have seal. rights. The Librarian shall cause a seal to be provided for said office, with such device as the Joint Committee on the Library may approve, with which all records or papers issued from said office, and to be used in evidence, shall be authenticated. He shall also give an additional bond, with sureties, to the Treasurer of the United States, in the sum of five thousand dollars, with the condition that he will render to the proper officers of the treasury a true account of all moneys received by virtue of his office. He And make annual shall also make an annual report to Congress of the number and description of copyright publications for which entries have been made during the year. And the Librarian of Congress shall receive a yearly compensa Give bond. report. tion of four thousand dollars, to commence when this act shall take effect. copyrighted 3 Feb., 1831, ch. 1, v. 4, p. 46. 1, v. 11, 18 Aug., 1856, pp. 138, 139. 540. 1, v. 13, p. 8 Pet., 662. Blatchf, 625. 1 Story, 17. 3 Story, 778. 4 McLean, 316, 86. Any citizen of the United States, or what may be resident therein, who shall be the author, inventor, designer, or proprietor of any book, 16, map, chart, dramatic or musical composi- ch tion, engraving, cut, print, or photograph or 126, negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and his executors, administrators, or assigns, shall, upon complying with the provisions of this act, have the sole lib-2 Wood. & Min., erty of printing, reprinting, publishing, com-2 Blatchf., 46, pleting, copying, executing, finishing, and vending the same; and in the case of a dramatic composition, of publicly performing or representing it, or causing it to be performed or represented by others; and authors may reserve the right to dramatize or to translate their own works. 517. 46. 5 McLean. 37. 170, 366. 2 Paine, 383. right. 87. Copyrights shall be granted for the Term of Copyterm of twenty-eight years from the time of 3 Feb., 1831, ch. recording the title thereof, in the manner 16, ¿ 1, v. 4, p. 436. hereinafter directed. copyright. 88. The author, inventor, or designer, if Extension of he be still living and a citizen of the United 3 Feb., 1831, ch. 436, 437. 42. 2 Wood. & Min., States or resident therein, or his widow or 16, 2, 3, v. 4, pp. children, if he be dead, shall have the same exclusive right continued for the further 12 term of fourteen years, upon recording the title of the work or description of the article 8 Pet., 663. copyrights to 157, 21, v. 4, p. 728. 8 Wend., 565. so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term. And such person shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers, printed in the United States, for the space of four weeks. Assignment of 89. Copyrights shall be assignable in law be recorded. by any instrument of writing, and such as30 June 1834 ch. signment shall be recorded in the office of the Librarian of Congress within sixty days 2 Wood. & Min., after its execution, in default of which it shall McLean, 41. be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice. 42, 510. 8 Pet., 661. 18 How., 171. Recording copy right; duty of applicant. 16, 4, v. 4, p. 437. 2 Blatchf., 83. 1 Blatchf., 620. 90. No person shall be entitled to a copyright unless he shall, before publication, 3 Feb., 1831, ch. deposit in the mail a printed copy of the title of the book or other article, or a de5 McLean, 332. scription of the painting, drawing, chromo, statue, statuary, or model or design for a work of the fine arts, for which he desires a copyright, addressed to the Librarian of Congress, and, within ten days from the publication thereof, deposit in the mail two copies of such copyright book or other article, or, in case of a painting, drawing, statue, statuary, model or design for a work of the fine arts, a photograph of the same, to be ad |