UNDER 10-YEAR PROVISO
(D) Applicants under the 10-year proviso of section 5 of the act of
February 20, 1905, should add the following paragraph to Form A,
Bor:
“The mark has been in actual use as a trade-mark by the applicant
(and applicant’s predecessors from whom title was derived) for ten
years next preceding February 20, 1905, and such use has been ex-
clusive.”
(B) An applicant under the last paragraph of section 5 of the act
of February 20, 1905, should add the following paragraph to Form A,
B,or C:
“Applicant is the owner of registration No. ———, of ———
effected on the ground of actual and exclusive use by the applicant
of the mark shown therein on the goods recited in said registration as
a trade-mark for ten years next preceding February 20, 1905, and the
mark has been used by the applicant (or applicant’s predecessors
in business) on the articles named in the present application in inter-
state (or foreign) commerce (or commerce with the Indian tribes)
for at least one year.”
(F) ACT OF 1920
An applicant under section 1 (b) of the act of March 19, 1920, should
add the following paragraph to Form A, B, or C:
“The mark has been in bona fide use for not less than one year in
interstate (or foreign) commerce (or in commerce with the Indian
tribes) by the applicant (or applicant’s predecessors in business).”
(G) FOREIGNER MANUFACTURING IN UNITED STATES
An applicant under section 3 of the act of May J, 1906, should add
the following paragraph to Form A, B, or C:
“Applicant has a manufacturing establishment at Cleveland, Ohio,
within the territory of the United States, and the goods on which the
trade-mark claimed in this application is used are the products of
such establishment.”
(H) FOREIGNER LOCATED ABROAD
A forewgn applicant for registration of a trade-mark should add the
following paragraph to Form A, B, or C:*
“Said trade-mark has been registered in England, No. ———
dated ———, or an application for registration of said, trade-mark
was filed in England on ———
He —, whose postal address is ——— Street, city of
———, State of ——— is designated as applicant’s representative
on whom process or notice of proceedings affecting the right to owner-
ship of said trade-mark brought under the laws of the United States
may be served.”
31f application has been filed but mark not registered, this should be changed to state the facts.
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