116
LAW
For the Protection op Trade Marks and other Signs.
I.— General Provisions.
§ 1 .
By marks are understood in this law the special tokens which serve to distinguish between the products and goods of one manufacturer and those of another, destined for commerce (devices, ciphers, vignettes, and such like).
§ 2 .
If a manufacturer wishes to secure for himself the exclusive right to the use of a mark, he must have the same registered in accordance with the provisions of the following section.
§3.
No exclusive right can he obtained for marks which consist of such tokens as are generally in use in the case of certain descriptions of goods in commercial intercourse, nor for those which merely consist of letters, words, or figures, nor for state or local armorial bearings.
§ 4 .
The exclusive right to a trade mark only precludes the use of it by other manufacturers in respect to those descriptions of goods, to which belong the products or trade articles of commercial intercourse for which the protected trade mark is intended.
The mark belongs to the trade enterprise for which it is intended, becomes extinct with it, and changes proprietorship with it.
In the latter case, however, the new proprietor must have the mark transferred to his name within three months, otherwise the light to the mark becomes extinct unless the trade is continued by the widow or a minor heir of the trade-proprietor or for account of the heir’s or bankrupt’s estate.
§ 6 .
No one may arbitrarily appropriate the name, firm, arms, or the style of an establishment of another inland manufacturer or producer, in order to mark goods or products.
§ 7.
All that is said in this law with regard to the marking of goods, applies as well to the marks on the packages, receptacles, coverings, &c.
P 2
Law in relation to the above.
Marks to be registered
Exclusive right when refused.
Extent of privilege attached to a trade mark.
Ownership of a trade mark.
Arbitrary appropriation of name, &e.
Packages, &c. to be protected by marks, &c.