LIBRARY OF CONGRESS. -X^^Bo^ UNITED STATES OF AMERICA. PLAIN DIRECTIONS FOR SECURING PATENTS, AND THE REGISTRATION OF TRADE-MARKS AND LABELS, by/' SCHUYLER DURYEE, Chief Clerk of the U.S. Patent- Office. k i itiio the mehil ; or it may be charged at the mouth of converter in small lumps after the slags are poured. The fluor-spar becomes decom- posed by the heat, and the fluorine and lime produced thereby remove the sulphur and phosphonis (and silicon, if there be any remaining) , in the form of vapor and slag, and the met:il becomes steel or iron, by piirtial or complete decar- Ixmization, respectively. I prefer to line the converter with either lime or magnesia, or magnesian lime prepared by the process patentei.1 by me in the United States Patent No. 279,160, dateil June 12, 1SS3 ; ^^^^ other suitable calcareous linings may be used. The crude iron may be that usualh^ used in the ** acid Bes- semer process," containing two per cent, of silicon, and three to four per cent, of carbon, and too much phosphorus to pro- duce tlie required qualit}' of steel without the use of fluor- sp;ir. If manganese be present in considemble amount less sili- con may be present in tlie metal (but silicon in larger proportions is of no disadvantage) . I prefer that tlie crude met;il cont:iin from three (3) to five (5) per cent, of manga- nese, in order tliat manganese may not l>e required at the end of the blowing; but if the crude met;il does not contain man- ganese I prefer to pour one to one and a half per cent, of spiegeleisen into tlie metal immediately after desiliconization, as I have found that the presence of manganese during decarbortization assists in various ways in rendering the metal of l>etter qualitx* th:m when applied at a later stage ; but it is not essential to the production of steel that manganese be present in the met: J during the purification, as it may be FORMS. 49 applied at the end of the blowing, whether there has or has not been any present during the blowing. The proportions of fluor-spar should be three (3) to five (5) times the weight of silicon, phosphorus, and sulphur in the metal. Lime or oxide of iron may be mixed with the fluor-spar, or lime may be charged with the crude iron into the converter before desiliconization ; but the use of lime or oxide of iron is not essential. The advantages of using fluor-spar after desiliconization, instead of using it before, are that if fluor-spar be applied at the beginning of the Bessemer process it cools the metal and renders it difficult to pour, and also a much larger quantity of fluor-spar would be required. The advantages of removing the silicious slags after desili- conization is, that by withdrawing them from the converter no portion of the fluor-spar is wasted in neutralizing them. If they are allowed to remain in the converter a considerable portion of the basic reagent will enter into combination with them without producing any useful result. I do not herein broadly claim the use of fluor-spar and air to remove phosphorus from cast-iron when applied in the Bessemer process, as this is described applied in the begin- ning of the process in Patent No. 274,889, dated March 27, 1883, granted me. My present invention is an improvement on said process, as it enables the purification with less fluor- spar. What I claim, and desire to secure by letters-patent, is : — " The imj^rovement in the manufacture of iron and steel. 50 PATENTS. which consists in treating crude iron by blasts or jets of air in a converter or furnace lined with a suitable basic material to desiliconize it ; secondly, pouring off the silicious slags formed thereby ; and, thirdly, treating the metal with fluor- spar or equivalent basic material to remove sulphur and phosphorus. JAMES HENDERSON. Witnesses : Saml. a. Duncan, R. F. Gaylord. 15. For a Composition of Matter. To all whom it may concern : — Be it known that I, A. B., a citizen of the United States, residing at L., in the county of M., and State of N [or subject, etc.], have invented a new and useful composition of matter to be used for the removal of hair and grease from hides preparatory to tanning, of which the following is a specification : — My composition consists of the following ingredients, com- bined in the proportions stated, viz. ; — Pure water . Unslacked lime . Soda-ash . Saltpetre . Flowers of sulphur . 500 gallons . 32 gallons . 100 pounds . 20 pounds . 10 pounds These ingredients are to be thoroughly mingled by agitation. FORMS, 51 In using the above-named composition the hides should first be freed from all salt and impurities, by soaking green hides one day and dry hides eight days, and then placing the hides so cleaned in the said solution, and allowing them to remain in it 48 hours. The hides are then to be removed from the solution and unhaired in the usual way. By the use of the above composition the hair is speedily and thoroughly loosened, and the hides, while retaining all of that portion of the substance which can be converted into leather, are at the same time entirely cleaned from grease and other substances which would prevent them from being tanned quickly. I am aware that a composition consisting of soda-ash, water, lime, and sulphur has been used for the same purpose, and that a patent therefor was granted to C. D., July 10, 1875, No. 95,726. I am also aware that saltpetre has been used in depilatory processes ; but I am not aware that all of the ingredients of my composition, in the proportions stated, have been used together. What I claim, and desire to secure by letters-patent of the United States, is : — The herein-described composition of matter to be used for depilating hides and preparing them for being tanned, con- sisting of water, unslacked lime, soda-ash, saltpetre, and flowers of sulphur, in the proportions specified. A. B. Witnesses : C. D. E. F. 52 PA TENTS, 16. For a Mechanical Device. To all whom it may concern : — Be it known that I, Schuyler Duryee, of Falls Church, in the county of Fairfax, and State of Virginia, have invented a new^ and useful Improvement in File Cases or Boxes, of w^hich the follow^ing is a specification : — The object of my invention is to provide a file case or box for the preservation of papers which, from its simplicity of construction and ease of operation, will greatly preserve papers and facilitate their examination in j^ublic and pri- vate offices. The invention consists of a rectangular box, of wood or metal, or other suitable material, divided diagonally in or near the plane of its upper front edge and lower rear edge, the two parts being hinged together, and rigid slotted ratchet- bars, longitudinally arranged between the base and top of the box on either side ; clamping mechanism, consisting of an eccentric-lever attached to a cross-bar, which acts as a com- pensating medium and locks the bar ; and a follower with guide-rods, between which and the follower the bar above referred to passes. In the accompanying drawings, in which similar letters of reference indicate like parts. Figure i is a perspective view of the file-box closed. Fig. 2 represents the box opened for examination of contents or insertion of papers ; and Fig. 3, a modified form of the file-box, being an open file-holder. In the drawings A is the front of the box ; B, the base ; C, the side ; D, the upper section ; E E, the rigid slotted ratchet- FORMS, 53 bars, in which the cross-bai' F operates the follower G ; y is the eccentric-lever, attached to the cross-bar as a compensat- ing medium and lock for the bar ; g g are the guide-rods, attached to the follower, and between which and the follower the cross-bar passes. The ratchet-bars are provided with longitudinal slots, which terminate in vertical slots to form bearings for the ends of the cross-bar F, and admit of a rearward inclination of the fol- lower G, to facilitate the inspection of the papers. To operate my file-box, after lifting the upper section, D, the leverjT is elevated sufficiently to raise the cross-bar from the ratchet- teeth, move it the desired distance, and rest it in a ratchet, which thus allows the follower G to fall backward, permitting the use of both hands in examining the papers and inserting others between the follower and end A. The fol- lower is then pressed against the papers by pushing on the cross-bar, and, the desired compression secured, the bar drops into the ratchet on either side, and by pressing the eccentric-lever downward against the follower a compensation in pressure is obtained and the bar locked. The upper sec- tion is then closed. The open file-holder. Fig. 3, is operated in a similar man- ner. With this description of my invention, what I claim is : — 1. A file-box, the outer casing of which is composed of two triangular hinged sections, one of which is provided with the slotted ratchet-bars and the adjustable follower, and the other forming the cover, all as shown and described. 2. The angular bars, each having a combined longitudinal 54 PATENTS. and vertical slot, in which ratchet-teeth are formed, and also a bearing for the cross-bar of the follower. 3. The combination of a box and rigid slotted ratchet-bars, each having vertical slots, terminating in bearings for the cross-bar, with the follower carrying the cross-bar. 4. The combination of the front plate. A, the base plate, B, the rigid slotted ratchet-bars, E E, each having vertical slots, terminating in bearings for the cross-bar of the follower, and the follower G, provided with clamping mechanism, sub- stantially as described. 5. As a new article of manufacture, a file-box complete, consisting of two triangular-shaped sections, hinged together, rigid slotted ratchet-bars E E, provided with vertical slots or bearings, follower G, carrying guide-rods g g^ and cross-bar F, with the eccentric-lever f^ all substantially as shown and described, for the purpose set forth. SCHUYLER DURYEE. Witnesses : N. S. Fisher, E. F. CONCKLIN. I7.DRAWINC. :mff.i. • V if ~^ ,jif[iiiiiiiii 1 \X III 11 1 1' 4 b. jv . "*'■ A ||\| \1^ /A. ^^ Im ^ 1 llli^^lL...^H .» \ t— 11 ^ Lt. ■1^ 101 II ^i ly^^— .- - ^ _ - ~- ~ pg^ ^ ^^^^ J f ,/Lttesfz w^^^^mm3i^^W ) Jlrtverttor: " - — 1 FORMS. 55 18. For a Design. To all whom it may concern : — Be it known that I, A. B., a citizen of the United States, residing at L., in the county of M., and State of N. [or sub- ject, etc.], have invented and produced a nev^ and original design for watch-cases or lockets, of which the following is a specification, reference being had to the accompanying draw- ings, forming part thereof: — Figure i is a sectional view of my newly designed case, Fig. 2 a side elevation of same, and Fig. 3 an edge view, — these three views being deemed necessary to fully illustrate my design. Heretofore watch-cases and lockets have been made which presented, when viewed in elevation, as in Fig. 2, a scal- loped outline or periphery, some being made to imitate shells. In these the scallops extend entirely across from lid to lid, and in a watch-case the centre which holds the movements is also scalloped to correspond. The leading feature of my design consists in a raised or " struck-up " scalloped surface, the outlines of which, when viewed in elevation, as in Fig. 2, will fall entirely within the circular outline or circumference of the centre. A is the centre of the case, which is circular in its gen- eral contour, and B B are the lids. These are also circular in their outer contour where they join the centre, but have scallops, C C C, formed in some way upon them, substantially as represented in the several figures. The indented outline of the scalloped surface falls within the outer contour line of the case, thus presenting to the eye 56 PA TENTS, the combined effect of a smooth circular outline or centre and an indented or scalloped outline within it. I claim : — 1. The design for a watch-case or locket herein shown and described, the same consisting of the raised scallops C C C on tlie lid, forming an indented outline wholly within the circular outline of the edge of the lid and the centre A. 2. The design of a watch-case or locket herein shown and described, the same consisting of a circular lid, B, having a connected series of raised scallops, C C C, the contour of the same being entirely within the contour of the lid. A. B. Witnesses : C. D. E. F. 19. For a Caveat. 7^0 the Commissioner of Patents: — Be it known that I, A. B., a citizen of the United States residing at L., in the county of N., and State of N. [or subject, etc., see Rule 191], having an improvement in velocipedes, and desiring further to mature the same, file this my caveat therefor, and pray protection of my right until I shall have matured my invention. The following is a description of my newly-invented velocipede, which is as full, clear, and exact as I am able at this time to give, reference being had to the drawing hereto annexed .* — The invention relates to that class of velocipedes in which there are two wheels connected by a beam forming FORMS. 57 a saddle for the rider, the feet being applied to cranks that revolve the front wheel. The object of my invention is to render it unnecessary to turn the front wheel so much as heretofore, and at the same time to facilitate the turning of sharp curves. This I accomplished by fitting the front and the hind wheels on vertical pivots, and connecting them by means of a diagonal bar, as shown in the drawing, so that the turning of the front wheel also turns the back wheel with a position at an angle with the beams, thereby enabling it easily to turn a curve. In the drawing A is the front wheel, B the hind wheel, and C the standards extending from the axle of the front wheel to the vertical pivot E, in the beam F, and D is the cross-bar upon the end of E, by which the steering is done. The hind wheel, B, is also fitted with jaws, G, and a vertical pivot, H. A. B. Witnesses : CD. E. F. Oaths. State of - of 20. By an Inventor. (To follow Specification.) — , County of ■ — — — ss. , the above-named petitioner, citizen , and resident of , in the county of 1 If the applicant be an alien he will state of what foreign or sovereign State he is a citizen or subject. 58 PATENTS, and State of , being duly sworn (or affirmed), depose and say that ^ verily believe * to be the original, first, and ^ in- ventor of the improvement in* described and claimed in the foregoing specification ; that the same has not been patented to "" , or to others with ^ knowledge or consent, except in the following countries :^ ; that the same has not to ® knowledge been in public use or on sale in the United States for more than two years prior to this application, and ^ do not know and do not believe that the same was ever known or used prior to '° invention thereof. (Inventor's full name) : - Sworn to and subscribed before me this day of , 188—. [l. s.] (Signature of justice or notary) : - (Official character) : - 1 ** He " or « they." 2" Himself" or " themselves." «"Sole" or "joint." * Insert title of invention. 6 "Himself" or "themselves." 6 "His" or "their." 7 Here insert, if previously patented, the country or countries in which it has been so patented, giving the date and number of each patent. If not previously patented erase the words "except in the following countries," and insert the words "in any country." 8 " His " or " their." 0"He" or "they." 10" His" or "their." FORMS, 59 [The oath may be made before any person within the United States authorized by law to administer oaths. If the applicant be an alien the oath will show of what foreign State or sovereign he is a citizen or subject. If the applicants claim to h^ joint inventors the oath will show " that they verily believe themselves to be the original, first, and joint inventors," etc. If the inventor be dead the oath will be made by the administrator or executor, who will declare his belief that the party named as inventor was the original and first inver^tor.] 21. By an Applicant for a Reissue (Inventor). ! State of I., County of K.^ ss. : A. B., the above-named petitioner, being duly sworn [or affirmed], deposes and says that he verily believes that his aforesaid letters-patent are inoperative [or invalid, or both] by reason of a defective [or insufficient] specification [or both, or by reason of the patentee claiming as his own inven- tion or discovery more than he had a right to claim as new] , and that the error arose by inadvertence [accident or mis- take] , without any fraudulent or deceptive intent ; that he is the sole owner of said letters-patent ; [or, that E. F. is the sole owner of said letters-patent, and that this application is made on the behalf and with the consent of said E. F. ;] and that he verily believes himself to be the first and original inventor of the improvement set forth and claimed in this 60 PATENTS, amended specification, and does not believe that the same was ever before know^n or used. A. B. Sworn to and subscribed before me this 26th day of July, 1869. C. D., [Title of office.] 22. By an Applicant for a Reissue (Assignee). (To be used only when the Inventor is dead.) State of I., County of K,^ ss. : A. B. and C. D., the above-named petitioners, being duly sworn [or affirmed] , depose and say that they verily believe that the aforesaid letters-patent granted to E. F. are [here follows form 19, mutatis mutandis'] ; that the entire title to said letters-patent is vested in them ; and that they verily be- lieve the said E. F. to be the first and original inventor of the invention set forth and claimed in the foregoing amended specification ; and that the said E. F. is now deceased. A. B. C. D. Sworn to and subscribed before me this 14th day of November, 1869. A. B., [TiUe of office.] 23. Supplemental Oath to accompany a New or an Enlarged Claim. State of I., County of K,^ ss,: A. B., whose application for letters-patent for an improve- ment in seed-drills (Serial Number 4526) was filed in the FORMS, 61 United States patent-office on or about the 15th day of March, 1869, being duly sworn [or affirmed], deposes and says that he verily believes himself to be the original and first inventor of the improvement as described and claimed in the foregoing amendment, in addition to that which was embraced in the claims originally made, and that he does not know and does not believe that the same was ever before known or used, and that the matter sought to be inserted formed a part of his original invention at the date of filing said application. A. B. Sworn to and subscribed before me this nth day of July, 1870. C. D., [Official title.] 24. Oath as to the Loss of Letters-Patent. State of I., County of K,^ ss, : A. B., of said county, being duly sworn [or affirmed], doth depose and say that the letters-patent No. 13,213, granted to him, and bearing date on the 9th day of January, A.D. 1855, have been either lost or destroyed; that he has made diligent search for the said letters-patent in all places where the same would probably be found, if existing, and that he has not been able to find them. A. B. Subscribed and sworn to before me this 5th day of Octo- ber, 1868. C. D., [Official title.] 62 PATENTS. 25. Oath of Administrator as to the Loss of Letters-Patent. State of I., County of K.^ss. : A. B., of said county, being duly sworn, doth depose and say that he is administrator of the estate of E. F., deceased, late of L., in said county; that the letters-patent No. 12,219, granted to said E. F., and bearing date of the 9th day of January, A. D. 1855, ^^^ve been lost or destroyed, as he verily believes ; that he has made diligent search for the said let- ters-patent in all places where the same would probably be found, if existing, and especially among the papers of the decedent, and that he has not been able to find said letters- patent. A. B., Administrator ., etc. Subscribed and sworn to before me this 5th day of Octo- ber, 1868. C. D., [Official title.] 26. Oath to accompany Caveat. (To follow Specification.) State of — : , County of , ss. : , the above-named petitioner , citizen of , and resident of* , in the county of and State of , being duly sworn (af- firmed), depose and say that verily believe 1 If the applicant be an alien he will state of what foreign or sovereign State he is a citizen or subject. FORMS. 63 . to be the original, first, and ^ inventor of the improvement in -, described and claimed in the foregoing specification ; that do — not know and do — not believe that the same w^as ever be- fore known or used. (Inventor's full name) : Sworn to and subscribed before me this — day of , i88— . (Signature of justice or notary) : [l. s.] (Official character) : 27. Amendment.^ To the Commissioner of Patents : — In the matter of my application for letters-patent for an improvement in sewing-machines, filed May i, 1879 (Serial Number 540), I hereby amend my specification as follows, — By striking out all between the 5th and 20th lines, inclu- sive, of page 3 ; By inserting the words connected with after the word " and'' in the ist line of the 2d claim ; and By striking out the 3d claim, and substituting therefor the following : — "3. The combination, with the driving-shaft, the needle- bar, and mechanism for reciprocating the same, of the shuttle- i"Sole" or "joint." * In the preparation of all amendments a separate paragraph should be devoted to each distinct erasure or insertion, in order to aid the office in making the entry of the amendment into the case to which it pertains. 64 PATENTS. carrier, the shuttle-lever, and a cam carried by the driving- shaft, whereby the proper reciprocating movement is imparted to the shuttle-carrier, and the needle-bar is caused to operate in unison therewith, substantially as described." Signed at L., in the county of M., and State of N. A. B., By S. Z., His Attorney in Fact, Disclaimers. 28. Disclaimer after Patent, To the Commissioner of Patents : — Your petitioner, A. B., a citizen of the United States, residing at L., in the county of M , and State of N. [or sub- ject, etc.], represents that in the matter of a certain improve- ment in printing-presses, for which letters-patent of the United States No. 75,000 were granted to C. D., on the 12th day of June, 1879, he is [here state the exact interest of the disclaimant ; if assignee, set out liber and page wiiere assign- ment is recorded], and that he has reason to believe that, through inadvertence [accident or mistake], the specification and claim of said letters-patent are too broad, including that of which said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part of the claim in said specification which is in the following words, to wit : — '' I also claim the sleeves A B, having each a friction-cam, C, and connected, respectively, by means of chains or cords, FORMS. 65 K L and M N, with an oscillatory lever, to operate substan- tially as herein shown and described.'' A. B. Witness : C. D. Appeals. 29. From a Principal Examiner to the Examiner s-in-Chief. To the Commissioner of Patents : — Sir : I hereby appeal to the examiners-in-chief from the decision of the principal examiner in the matter of my ap- plication for letters-patent for an improvement in wagon- brakes, filed January lo, 1869, which, on the 20th day of July, 1869, was rejected the second time. The following are the points of the decision on which the appeal is taken : [Here follows a statement of the points on which the appeal is taken.] A. B. [Place and date of signing.] 30. From a Principal Examiner to the Commissioner. To the Commissioner of Patents : — Sir : I hereby appeal to you in person from the decision of the principal examiner, made April 7, 1879, in the case of my application for letters-patent for an improvement in harvesters, filed January 10, 1879, wherein he refused to consider the case upon its merits until certain alleged inac- curacies of expression in the specification should be corrected. The following are the points of the decision on which the appeal is taken : [Here follow points on which appeal is taken.] A. B. [Place and date of signing.] 66 PATENTS. 31. From the Examiners-in-Chief to the Commissioner. To the Commissioner of Patents : — Sir: I hereby appeal to you in person from the decision of the examiners-in-chief, made April 7, 1879, ^^ ^^ matter of my application for letters-patent for improvement in sewing- machines, filed Dec. 16, 1878. The following are assigned for reasons of appeal : [Here should follow an explicit state- ment of the alleged errors in the decision of the examiners- in-chief.] CD. Assignment. 32. Of an undivided Interest in an Invention before the Issue of L e tter s-Patent. Whereas I, A. B., of L., county of M., State of N., have invented a certain new and useful improvement in harvesters [giving title of the same], for which I am about to make application for letters-patent of the United States ; and whereas G. D., of R., county of S., State of N., is desirous of acquiring an interest in said invention, and in the letters patent to be obtained therefor : — Now, therefore, to all whom it may concern, be it known that, for and in consideration of the sum of five thousand dollars to me in hand paid, the receipt of which is hereby acknowledged, I, the said A. B., have sold, assigned, and transferred, and by these presents do sell, assign, and trans- fer, unto the said G. D., the (here insert the amount of inter- FORMS. 67 est conveyed*) whole right, title, and interest in and to the said invention, as fully set forth and described in the speci- fication prepared and executed by me on the day of , 1 88 — , preparatory to obtaining letters-patent of the United States therefor ; and I do hereby authorize and request the Commissioner of Patents to issue the said letters- patent to the said G. D., as the assignee of my entire right, title, and interest in and to the same, for the sole use and be- hoof of the said G. D. and his legal representatives. In testimony whereof I have hereunto set my hand and affixed my seal this 4th day of May, A.D. 1879. .A. B. [seal.] In presence of — O. P. S. T. ^ If the interest conveyed is one-half insert the following words ; *' undivided one- half part of the." 68 TRADE-'MARKS, TRADE-MARKS. A trade-mark is defined as a sign or symbol primarily confined exclusively to the indication of the origin or owner- ship of the goods to which it may be attached, and it may be composed of any name, device, line, figure, mark, word, letter, numeral, or combination or arrangement of any or all of these which will serve the sole purpose of a trade-mark, and which no other person can adopt or use with equal truth. Who may obtain Registration. Any person, firm, or corporation domiciled in the United States, or located in any foreign country, which, by treaty, convention, or law, affords similar privileges to citizens of the United States,' and who is entitled to the exclusive use of any trade- mark, and uses the same in commerce with foreign nations or with Indian tribes. Any citizen or resident of this country wishing the protec- tion of his trade-mark in any foreign country the laws of which require registration in the United States as a condition precedent. 1 The following countries have treaties with the United States at this time, viz. : Russia, Belgium, France, Austria, the German Empire, Great Britain, Brazil, Italy^ Servia, Spain, Switzerland, and the Netherlands. TRADE-MARKS. 69 Statutory Requirements, Every applicant for registration of a trade-mark must cause to be recorded in the patent-office : — The name, domicile, and place of business or location of the firm or corporation desiring the protection of the trade- mark, and the residence and citizenship of individual appli- cants. The class of merchandise and the particular description of goods comprised in such class to which the trade-mark has been appropriated. A description of the trade-mark itself, with fac-similes thereof, and the mode in which it has been applied and used. The length of time during which the trade-mark has been used by the applicant on the class of goods described. A fee of twenty-five dollars is required on filing each application, except in the cases hereinafter named. The Application. An application for the registration of a trade-mark will consist of a statement or specification, a declaration or oath, and the fac-simile, with duplicates thereof. The statement and declaration should be written on one side of the paper only. 70 TRADE-MARKS, These should be preceded by a brief letter of advice requesting registration, and signed by the applicant. (See Form A.) The statement should announce the full name, citizenship, domicile, residence, and place of business of the applicant (or, if the applicant be a corporation, under the laws of what State or nation incorporated), with a full and clear specifica- tion of the trade-mark, particularly discriminating between its essential and non-essential features. It should also state from what time the trade-mark has been used by the appli- cant, the class of merchandise, and the particular goods comprised in such class to which the trade-mark is appro- priated, and the manner in which the trade-mark has been applied to the goods. (See Form B.) The declaration should be in the form of an oath by the person, or by a member of the firm, or by an ofl^icer of the corporation making the application, to the effect that the party has at the time of filing his application a right to the use of the trade-mark described in the statement; that no other person, firm, or corporation has a right to such use, either in the identical form or in such near resemblance thereto as might be calculated to deceive ; that such trade- mark is used in lawful commerce with foreign nations or Indian tribes, one or more of which should be particularly named ; and that it is truly represented in the fac-simile presented for registry. (See Form E.) This oath may be taken within the United States before a notary public, justice of the peace, or the judge or clerk of any court of record. TRADE-MARKS, 71 Fac-similes to be filed. Where the trade-mark can be represented by a fac-simile which conforms to the rules for drawings of mechanical patents, such a drawing may be furnished by applicant, and the additional copies will be produced by the photolitho- graphic process at the expense of the office. Or the appli- cant may furnish one fac-simile of the trade-mark, mounted on a card ten by fifteen inches in size, and ten additional copies upon flexible paper, not mounted ; but in all cases the sheet containing the mounted fac-simile or the drawing must be signed by the applicant or his authorized attorney, and authenticated by two witnesses. Proceedings in the Office. All applications for registration are considered in the first instance by the trade-mark examiner. An adverse decision by such examiner upon the applicant's right to registration will be reviewed by the Commissioner in person, upon peti- tion, without fee. No trade-mark will be registered unless it shall be made to appear that the same is used as such by the applicant in com- merce between the United States and some foreign nation or Indian tribe, or is within the provisions of a treaty, conven- tion, or declaration with a foreign power, nor which is merely the name of the applicant, nor which is identical with a known or registered trade-mark, owned by another and appropriated to the same class of merchandise, or which so nearly resembles some other person's lawful trade-mark as to 72 TRADE-MARKS, be likely to cause confusion in the mind of the public or to deceive purchasers. The statement may be amended to correct informalities or to avoid objections made by the office, or for other reasons arising in the course of examination (see Form F) ; but no amendments v^ill be admitted unless vsrarranted by something in the statement or fac-simile as originally filed. In respect to amendments the established rules in regard to applications for patent will be observed. The declaration cannot be amended. If that filed with the application is faulty or de- fective, a substitute declaration may be filed. In case of conflicting applications for registration, or in any dispute as to the right to use which may arise between an applicant and a prior registrant, the office will declare an interference, in order that the parties may have opportu- nity to prove priority of adoption or right ; and the proceed- ings on such interference will follow, as nearly as practicable, the practice in interferences upon applications for patents ; but each applicant and registrant will be held to the date of adoption alleged in the statement filed with his application. On the petition of any party dissatisfied with the decision of the Examiner of Interferences the case will be reviewed by the Commissioner without fee. Issue of Certificate. When these requirements have been complied with, and the office has adjudged the trade-mark lawfully registrable, a certificate will be issued by the Commissioner, under seal of the Interior Department, to the effect that applicant has TRADE-MARKS. 73 complied with the law, and that he is entitled to the pro- tection of his trade-mark in such case made and provided. Attached to the certificate will be a fac-simile of the trade- mark and a printed copy of the statement and declaration. . Duration of Registration. The protection for such trade-mark will remain in force for thirty years, and may, upon the payment of a second fee, be renewed for thirty years longer, except in cases where such trade-mark is claimed for and applied to articles not manu- factured in this country, and in which it receives protection under the laws of any foreign country for a shorter period, in which case it will cease to have force in this country, by virtue of the registration, at the same time that the trade- mark ceases to be exclusive property elsew^here. Assignments. The right to the use of any trade-mark is assignable by an instrument in writing, and such assignment of a registered trade-mark must be recorded in the patent-office within sixty days after its execution, in default of which it may be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice. No particular form of assignment or conveyance is prescribed, but the trade-mark must be identified by the certificate number. A trade-mark cannot be assigned as a mere abstract right and independent of or disconnected from the business in which it is used. TRADE-MARKS, Copies and Publications. Printed copies of the statement and declaration in each case, with a duplicate of the trade-mark, can be furnished by the office. The '' Official Gazette " of the patent-office, published weekly, will contain a list of all trade-marks registered, with the name and address of the registrant, a brief statement of the essential features of the trade-mark, and the particular description of goods to which it is applied. Fees. On filing an application for registration of the trade- mark ......... $25 00 For recording assignments : — Under 300 words . . . . . . . i 00 Over 300 and less than i ,000 words . . . 2 00 Over 1 ,000 words . . . . . . 3 cx> For single printed copy of statement and declaration 25 Correspondence. All letters should be addressed to " The Commissioner of Patents '' ; and all remittances by postal order, check, or draft should be to his order. Letters relating to pending applications should refer to the name of the applicant and date of filing. Letters relating to registered trade-marks must refer to the name of registrant, TRADE-MARKS, 75 number or date of certificate, and the class of merchandise to which the trade-mark is applied. The office will not respond to inquiries propounded with a view to ascertain whether certain trade-marks have been registered, or, if so, to whom, or for what goods. Forms. A. Letter of Advice. To the Commissioner of Patents : — The undersigned presents herewith a fac-simile of his law- ful trade-mark, and requests that the same, together with the accompanying statement and declaration, may be registered in the United States Patent-Office, in accordance with the law in such cases made and provided. A. B. B. Statement by an Individual. To all whom it may concern : — Be it known that I, A. B., a citizen of the United States, residing at Baltimore, Maryland, and doing business at No. St., in said city, have adopted for my use a trade- mark for whiskey, of which the following is a full, clear, and exact specification : — My trade-mark consists of the word-symbol Moonshine. This has generally been arranged as shown in the accom- panying fac-simile, which represents a rude still-house, sur- rounded by hills and forests. Three men are engaged variously about, and the scene is illuminated partly by the light of the fire, partly by the moon which appears in the 76 TRADE-MARKS. heavens. Underneath the picture appears the word "Moon- shine " in ornamental letters ; but the style of lettering is unimportant, and the entire picture may be omitted or changed at pleasure without materially affecting the character of my trade-mark, the essential feature of which is the arbitrary word Moonshine. This trade-mark I have used continuously in my business since July 4, 1876. The class of merchandise to which this trade-mark is appropriated is distilled liquors, and the partic- ular description of goods comprised in said class upon which I use it is whiskey. It is my practice to apply my trade-mark to the bottles containing the liquor by means of suitable labels, on which it is printed in color, as above described. The word is sometimes also blown into the bottles. A. B. Witnesses : C. D. E. F. C. Statement by a Firm. To all whom it may concern : — Be it known that we, C. D. & Co. , a firm domiciled in Brooklyn, Kings County, State of New York, and doing busi- ness at No. St., in said city, have adopted for our use a trade-mark for men's overalls, of which the following is a full, clear, and exact specification : — Our trade-mark consists of the arbitrary word Toulon. This has generally been arranged as shown in the accompany- ing fac-simile, in which it appears in plain, block capitals, printed in black in a horizontal line. But other forms of type may be employed, or it may be differently arranged or TRADE-MARKS. 77 colored, without materially altering the character of our trade- mark, the essential feature of which is the word Toulon. This trade-mark has been used continuously in business by us and those from whom we derive our title since July ii. 1840. The class of merchandise to which this trade-mark is ap- propriated is wearing-apparel, and the particular description of goods comprised in such class on which it is used by us is men's overalls. It has been our practice to mark our trade- mark on the inside of the waistband of the goods with a stencil, or to print it upon tags, which are secured to the goods in any desired manner. C. D. & Co. Witnesses : D. E. F. G. D. Statement by a Corporation. To all whom it may concern : — Be it known that the Rocky Mountain Mill Company, a corporation organized under the laws of the Territory of Dakota, and located in the city of Garfield, Hancock County, in said territory, and doing business in said city of Garfield, and also at Chicago, Illinois, has adopted for its use a trade- mark for wheat flour, of which the following is a full, clear, and exact specification : — The trade-mark of said company consists of a representa- tion of a Rocky Mountain sheep and the words Big Horn. These have generally been arranged as shown in the accom- panying fac-simile, in which the animal named, popularly known as the " Big Horn," is represented in an erect attitude 78 TRADE-MARKS, upon a cliff or rock. In the background are mountains covered with forests, with distant white peaks ; upon the sky portion are the words Big Horn, and arranged in a circle about the whole are the w^ords Rocky Mountain Mill Com- pany in plain capital letters. But these words may be omitted, and the various accessories of the picture may be varied at pleasure or altogether omitted, w^ithout materially altering the character of the said trade-mark, the essential features of which are the words Big Horn and the represen- tation of a Rocky Mountain sheep. This trade-mark has been continuously used by said cor- poration since about the middle of October, 1884. The class of merchandise to which this trade-mark is appro- priated is flour, and the particular description of goods com- prised in such class on which it is used by the said company is wheat flour. It is usually affixed to the goods by printing it on the bags, or stencilling it on the heads of barrels in w^hich the flour is packed. Rocky Mountain Mill Company, By G. F., President. Witnesses : * J.H. L. K. E. Declaration. State of , County of , ss,: A. B., being duly sworn, deposes and says that he is the applicant named in the foregoing statement ; that he verily believes that the foregoing statement is true ; that he has at 1 If the corporation have a seal it may be used to authenticate the sig^nature of the officer. TRADE-MARKS. 79 this time a right to the use of the trade-mark therein de- scribed ; that no other person, firm, or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive ; that it is used by him in commerce between the United States and foreign nations or Indian tribes, and particularly with {here name one or more foreign nations or Indian tribes^ or both^ as the case may be) ; and that the description and fac-similes presented for record truly repre- sent the trade-mark sought to be registered. A. B. Sworn and subscribed before me, a , this day of , i8 G. H.,/. p. If the application is made by a firm or corporation this declaration should be modified accordingly. Thus : — For a Firm. A. B., being duly sworn, deposes and says that he is a member of the firm, the applicant named, etc., etc., . that the trade-mark is used by the said firm in commerce, etc., etc. For a Corporation. A. B., being duly sworn, deposes and says that he is secre- tary {or other officer) of the corporation, the applicant named in the foregoing statement, etc., etc., . . . that the trade- mark is used by said corporation in commerce, etc., etc. 80 TRADE-MARKS. F. Amendment. To the Commissioner of Patents : — In the matter of my application for registration of trade- mark for watches, No. 5319, filed June 11, 1876, I desire to amend my statement as follows, — Page I, line 16, cancel the words "the arbitrary word Zenith," and insert in the place thereof the following: the representation of a fve-pointed star^ having the word Zenith printed across its face. Same page, line 20, erase " about four years," and insert since July \st^ 1872. A. B., ByP. &Ct, His Attorneys. Dated Geneva, Switzerland, October i, 1876. LABELS, 81 LABELS. A label is defined as any device, picture, word or words, figure or figures (not a trade-mark), impressed or stamped directly upon the articles of manufacture, or upon a slip or piece of paper, or other material, to be attached in any manner to manufactured articles, or to bottles, boxes, and packages containing them, to indicate the contents of the package, the name of the manufacturer or the place of manu- facture, the quality of goods, directions for use, etc. By the words " articles of manufacture" is meant all ven- dible commodities produced by hand, machinery, or art. But no such print or label can be registered unless it prop- erly belongs to an article of commerce, and be as above defined ; nor can the same be registered as such print or label when it amounts to a lawful trade-mark, or when its use in connection with the article to which it Is applied is arbitrary or fanciful. To entitle the owner of any such print or label to register the same in this office it is necessary that five copies of the same be filed, one of which copies shall be certified under the seal of the Commissioner of Patents, and returned to the registrant. The certificate of such registration will continue in force for twenty-eight years. 82 LABELS, The use of a label in the sale of the merchandise it is intended to designate prior to the deposit of such label in the patent-office amounts to a publication thereof. A label should be registered before it is used, as it is evident that a registration subsequent to use is of no effect. The fee for registration of a print or label is six dollars. ASSIGNMENTS. Labels are assignable in law by any instrument in writing, and the assignment must be recorded in the patent-office within sixty days after its execution ; in default of which it will be void as against any subsequent purchaser or mort- gagee for a valuable consideration, without notice. Forms of Application for Registration of Prints AND Labels. (Making necessary changes to suit each case.) For an Individual. To the Commissioner of Patents: — The undersigned, A. B., of the city of Brooklyn, county of Kings, and State of New York, and a citizen of the United States (or resident therein, as the case may be), here- by furnishes five copies of a label (or print, as the case may be), to be used for , of which he is the sole pro- prietor. The title of said label (or print) is , and LABELS. 83 the said label (or print) consists of the words and figures as follows, to wit : (Description.) And he hereby requests that the said print (or label) be registered in the patent-office, in accordance with the act of Congress to that effect, approved June i8, 1874. BrooklYxV, N.Y., August i, 1874. Proprietor, For a Corporation. To the Commissioner of Patents: — The applicant, a corporation created by authority of the laws of the State of New York (or other authority, as the case maybe), and doing business at , in said State, hereby furnishes five copies of a label (or print, as the case may be), to be used for , of which it is the sole proprietor. The title of said print (or label) is , and the said label consists of the words and figures as follows, to wit : (Description.) And it is hereby requested that the said label (or print) be registered in the patent-office, in accordance with the act of Congress to that effect, approved June 18, 1874. [L. S.] Witness the seal of said corporation at , , 1874. President \or other officer'^. ASSIGNMENTS OF PATENT-RIGHTS A Digest of Decisions of Federal and State Courts and the Commissioner of Patents, together with the Laws and Forms. Compiled and arranged by SCHUYLER DURYEE, Chief Clerk of the U.S. Patent Office, THIS work is now going through the press, and wiU be invaluable to lawyers, manufacturers, inventors, and dealers in patent- rights. It embraces decisions relative to the rights of assignees, grantees, and licenses, and the right of States and municipalities to impose a tax on the sale of patent-rights, etc. ; also forms of assignments, agreements, grants, contracts, and licenses. The volume will be neatly bound in cloth, and will be sent, post- paid, to any address upon receipt of TWO DOLLARS. SCHUYLER DURYEE, Lock Box 406^ Washington, D.C.