now existing for the protection of any label, trademark, term, design, device or form of advertisement, whether or not the same is registered under the provisions hereof.

The Act of 1882 relates to timber trade.

Another Act of 1889 relates to the protection of persons and corporations engaged in manufacturing and selling mineral waters, malt liquors and other beverages.

NOTE. No official form of application for registration.
Fee for certificate, $5.00.

WISCONSIN.

LABELS AND TRADEMARKS REGISTRATION.

Ch. 127, 1909; in effect May 13, 1909.

1.

SECTION 13201. TRADEMARKS AND LABELS; APPLICATION. Any person, firm, copartnership, corporation, association, or union of workingmen, which has heretofore adopted or used or shall hereafter adopt or use any label, trademark, tradename, term, design, pattern, model, device, shopmark, drawing, specification, designation, or form of advertisement, for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other product of labor or manufacture as having been made, manufactured, produced, prepared, packed or put on sale by such person, firm, copartnership, corporation, association, or union of workingmen, or by a member or members thereof, he or they, if residents of this or any other state of the United States, and such foreign corporations as may have been duly licensed to transact business in the State of Wisconsin, may file an original, a copy, or photographs, or cuts with specifications of the same for record in the office of the Secretary of State, by leaving two such originals, copies, photographs, or cuts with specifications, the same being counterparts, fac-similes, or drawings thereof, with said secretary, and by filing therewith a sworn statement, specifying the name of the person, firm, copartnership, corporation, association, or union of workingmen, on whose behalf such label, trademark, term, tradename, pattern, model, design, device, shopmark, drawing, specification, designation, or form of advertisement is to be filed. the class of merchandise and a separate description of the goods to which the same has been or is intended

to be appropriated, the residence, location, or place of business of such party, that the party on whose behalf such label, trademark, tradename, term, design, pattern model, device, shopmark, drawing, specification, designation or form of advertisement is to be filed, has the right to the use of the same, and that no other person, or persons, firm, copartnership, corporation, association or union of workingmen has such right,

either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the originals, copies, photographs, or cuts, counterparts, fac-similes, or drawings filed therewith are correct.

TRADENAME; SEVERAL PARTS. 2. Where the several parts of a single unit article of trade or commerce are severally marked to distinguish them by the person, firm, copartnership, corporation, association, or union of workingmen having the right to manufacture such single unit under a tradename or brand used by him or them, such person, firm, copartnership, corporation, association, or union may, in filing under this section the designation of such tradename or brand, attach thereto photographs or cuts with the specifications of the several parts of the unit to which it is attached or applied, and thereafter no further filing or registration of any such parts so used shall be necessary to protect the owner or lawful use of the tradename or brand of the unit against the use by others of any of the several parts thereof, and any such filing shall be construed to be a single filing, and but one filing fee shall be paid therefor.

RECORDING. 3. The papers required to be filed hereunder shall be recorded in a book for that purpose, and there shall be paid to the Secretary of State for such recording and filing the fee of three dollars.

County of

State of

of the

State of

}

SS:

and

being first duly sworn, deposes and says that he is the
located and doing business in the City of
and that he makes this sworn statement in
is the sole owner of the trademark sought

behalf, and that the
to be registered, and has adopted the same for its own use.

The trademark sought to be registered is as follows:

The class of merchandise to which the same is intended to be appropriated is and a particular description of the goods is

That the said

has the right to the use of the same, and that no other person or persons, firm, copartnership, corporation, association, or union of workingmen has such right either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the originals, copies, photographs or cut, counterparts, facsimiles or drawings filed herewith are correct.

Section 3439, Wyoming Compiled Statutes, 1910.

Any person, association or union may adopt a label, trademark, stamp or form of advertisement not previously owned or adopted by any other person, association or union, and may file the same for record in the office of the Secretary of State, by leaving two copies, counterparts or facsimiles thereof, with said secretary; and shall file therewith a certificate specifying the name or names of the person, association or union so filing such label, trademark, stamp or form of advertisement, his or its residence, location or place of business, the class of merchandise and the particular description of goods comprised in such class to which it has been or is intended to be appropriated, and the length of time, if any, during which it has been in use. Such certificate shall be accompanied by a written declaration, verified under oath by the person or some officer of the association or union by whom it is filed, to the effect that the party so filing such label, trademark, stamp or form of advertisement, has a right to the use of the same, and that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive and that the facsimiles, copies or counterparts filed therewith are true and correct. There shall be paid for such filing the fee of five dollars. Said secretary shall deliver to such person, association or union so filing the same, a duly attested certificate of the record of the same, for

which he shall receive the fee or five dollars. Such certificate of record shall, in all suits and prosections under this chapter, be sufficient proof of the adoption of such label, stamp. trademark or form of advertisement. No label, trademark, stamp or form of advertisement shall be recorded that would reasonably be mistaken for a label, trademark, stamp or form of advertisement already on record. (L. 1899, ch. 5, sec. ; R. S. 1899, sec. 2526.)

NOTE.-Forms for application for registration are t fur

nished.

The fees, as above stated, are: For registration, $5.00; for certificate of registration, $5.00.

Three facsimiles or copies of the label, trademark, stamp or form of advertisement should accompany the application for registration; one to be attached to the declaration, one for use on the certificate of registration, and one for the record.

CANADA.

AN ACT RESPECTING TRADEMARKS AND
INDUSTRIAL DESIGNS.

Short Title.

SECTION 1. This Act may be cited as the Trademark and Design Act. R. S., chap. 63, sec. 1.

GENERAL INTERPRETATION.

'Minister.'

SECTION 2. In this Act, unless the context otherwise requires, 'Minister' means the Minister named by the Governor in Council to administer this Act. 9-10 George V, chap. 64.

DIVISION OF ACT.

Division of Act.

SECTION 3. This Act is divided into three parts. Part I applies only to Trademarks. Part II applies only to Industrial Designs, but does not apply to any design the proprietor of which is not a person resident within Canada, nor to any design which is not applied to a subject-matter manufactured in Canada. Part III is general and applies to both Trademarks and Industrial Designs. R. S., chap. 63, secs. 2, 24 and 36.

PART I.
TRADEMARKS.

Interpretation.

Definitions.

SECTION 4. In this part, unless the context otherwise requires,

(a) "general trademark” means a trademark used in connection with the sale of various articles in which a proprietor deals in his trade, business, occupation or calling generally;1

1-"General Trademark" discussed in Re Vulcan Trademark, 22 D. L. R. 214 and 24 D. L. R. 621. A general trademark may be registered with a limitation to exclude

certain classes of goods for which a specific trademark not absolutely similar has been registered. Re Northam Warren Corp., 56 D. L. R.

8.

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