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§28.
To this end they are allowed till the end of the month of June 1859, with the effect that, by the registration of the mark within this term anyone’s right remains secured of establishing the priority of the mark used before the publication of this law against any one else who may have been beforehand with him in registering the same mark, but has not really used it previously.
§ 29.
But if several have used the same mark prior to the coming into operation of this law, that one amongst those who have had it registered within the term appointed in § 28 acquires the exclusive right to it who proves that he has used it before the others.
The Political Jurisdiction are to decide a dispute about it on the basis of the proofs furnished to them concerning the prior commencement of the use of the mark hitherto, after hearing the contending parties.
In this the contents of the registers of marks (sign-rolls, &c.) are determinative in those parts of the country where they were already kept under public authentication before the promulgation of this law, provided no scruples exist.
But if none of the disputants can adduce proof of a longer use than the others of such mark, it will be decided by lot.
§*30.
A claim to priority cannot be established with respect to marks which are only handed in for registration after the 30th June 1859, from the fact of their having been used before the publication of this law.