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[Enclo- July 4 sure]

To the Minister
in Portugal

Protection

of American trademarks. Instruction to bring to the attention of the Portuguese Government apparent violations of the international trade-marks convention.

SALVADOR

Meléndez of
Salvador to
President Wil-

From President Attitude of the United States to-
ward Latin America. Congratu-
lates President Wilson upon his
speech to Mexican editors and as-
sures him of the cooperation and
good will of Salvador.

son

July 18 From the Salva-
doran Chargé

July 31 To the Minister
in Salvador
(tel.)

2n

597

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SPAIN

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Abrogation of treaties, certain pro-
visions of which conflicted with
the Seamen's Act of March 4, 1915.
Instruction to give formal notice
to the Spanish Government of the
abrogation of the treaty of July
3, 1902.
Protection of American trade-
marks. Instruction to bring to
the attention of the Spanish Gov-
ernment apparent violations of
the international trade-marks con-
vention.

Abrogation of treaties, certain pro-
visions of which conflicted with
the Seamen's Act of March 4,
1915. Requests date which was
inserted in the formal notice of
abrogation of the treaty of July
3, 1902.
Same subject. The date inserted
in the formal notice of abrogation
of the treaty of July 3, 1902, was
May 8, 1919.

SWITZERLAND

3n

2n

10

10

1918 Dec. 5

To the Minister
in Switzerland

Protection of American trade-
marks. Instruction to bring to
the attention of the Swiss Gov-
ernment apparent violations of
the international trade-marks con-
vention.

2n

File No. 811.607AF/30a

GENERAL

FARMERS' NATIONAL CONGRESS

The Secretary of State to the Argentine Chargé (Quintana)1

WASHINGTON, November 27, 1918.

SIR: Section 4 of an act of Congress entitled "An Act to enable the Secretary of Agriculture to carry out during the fiscal year ending June 30, 1919, the purpose of an act entitled 'An Act to provide further for the national security and defense by stimulating agriculture and facilitating the distributing of agricultural products and for other purposes," approved November 21, 1918, authorizes the President "to extend an invitation to other nations to appoint delegates or representatives to the Farmers' National Congress to be held at Jacksonville, Florida, in connection with the Pan American International Farmers' and Livestock Exposition."

,

In pursuance of this authority, I have the honor and the pleasure to extend, in the President's behalf, to the Government of the Argentine Republic an invitation to be represented by delegates at the congress mentioned.

I am informed by the Director General of the congress that the sessions of the congress will be held from December 3 to 9, inclusive. As time will not allow for the sending of delegates from your country, I have the honor to make known to you the desire of the management of the congress that you or some one you may designate to represent your Embassy may find it convenient and agreeable to attend the congress.

I regret to add that the act mentioned makes no provision for defraying the expenses of those who may attend in acceptance of the invitation.

Accept [etc.]

ROBERT LANSING

'Mutatis mutandis, on the same date, to the Embassies of Brazil, Chile, France, Great Britain, Italy, Japan, Mexico, and Spain, and the Legations of Belgium, Bolivia, Bulgaria, China, Colombia, Cuba, Denmark, Dominican Republic, Ecuador, Greece, Guatemala, Haiti, Honduras, Montenegro, Netherlands, Nicaragua, Norway, Panama, Paraguay, Persia, Peru, Portugal, Roumania, Salvador, Serbia, Siam, Sweden, Switzerland, Uruguay, and Venezuela.

91114-30-8

1

PROTECTION OF AMERICAN TRADE-MARKS

File No. 811.543/48a

The Secretary of State to the Ambassador in Brazil (Morgan)1

WASHINGTON, December 5, 1918.

SIR: From various private sources it has come to the attention of the Department that one Richard Mittler of Vienna, Austria, and presumably an Austrian subject, has, on a number of occasions, registered American trade-marks as his own property with the International Trade-Mark Bureau at Berne, Switzerland, apparently in accordance with the provisions of a convention for the international registration of trade-marks (arrangement of Madrid, April 14, 1891; revised at Brussels December 14, 1900, and at Washington, June 2, 1911), to which the following thirteen states appear to be parties: Austria, Hungary, Belgium, Brazil, Cuba, Spain, France, Italy, Mexico, Netherlands, Portugal, Switzerland, Tunis.

Under this convention it would seem that registration of a trademark in any one of the countries which are parties to the convention has the effect, when the International Trade-Mark Bureau is properly notified thereof, of registering that trade-mark in the other countries adhering to the convention, except in those countries where it may be rejected because of prior registration of another person or for other reasons.

The Department has been advised that the following companies, whose addresses and trade-marks are also given, have been affected by the international trade-mark registrations of Richard Mittler on or about January 13, 1916:

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It will be noted that in every instance save that of the Continental Rubber Works, which sells its products under the trade-mark "Vitalic", the trade-mark is also an essential and striking part of the trade name, and is, in the language of commercial intercourse, the designation which would commonly be used to describe the product of each company in question.

It will also be observed that Article 10 of the international convention concerning the protection of trade-marks, signed at Buenos Aires on August 20, 1910, reads as follows:

Commercial names shall be protected in all the states of the Union, without deposit or registration, whether the same form part of a trade-mark or not.

'The same, mutatis mutandis, on the same date, to the Ambassadors in France, Italy, Mexico, and Spain, and the Ministers in Cuba, Netherlands, Portugal, and Switzerland.

Furthermore, it is to be noted that Article 8 of the international convention for the protection of industrial property of March 20, 1883, as revised at Washington June 2, 1911, reads as follows:

Trade names shall be protected in all the countries of the Union without the obligation of filing, whether it be a part or not of a trade-mark.

The United States and the country to which you are accredited have become parties to the above conventions by depositing their respective ratifications with the Government of the Argentine Republic and with the United States Government.

You are, therefore, instructed to bring the above facts to the attention of the Brazilian Government, and to state that the Government of the United States does not doubt that American citizens and concerns will be accorded in the use of their trade names in Brazil the protection to which they are entitled under the international conventions for the protection of trade-marks and of industrial property, notwithstanding the obvious attempt of Mittler and possibly others to usurp American trade-marks.

I am [etc.]

For the Secretary of State:
BRECKINRIDGE LONG

ABROGATION OF TREATIES, CERTAIN PROVISIONS OF WHICH CONFLICTED WITH THE SEAMEN'S ACT OF MARCH 4, 19151

Netherlands: Treaties of January 19, 1839, and May 23, 1878

File No. 711.0021/129a

The Secretary of State to the Minister in the Netherlands (Garrett)'

No. 322

WASHINGTON, April 4, 1918.

SIR: In an instruction under date of May 29, 1915, you were authorized, by direction of the President, to propose to the Netherlands Government an arrangement with regard to the elimination of stipulations in the treaties concluded by the Government of the United States with the Government of the Netherlands on January 19, 1839, and May 23, 1878, respectively. Since it appears that the Netherlands Government finds itself unable to agree to this Government's proposals, the Department desires that you address a note to the Minister for Foreign Affairs in the sense of the following:

Under instructions from my Government, I have the honor to give to the Netherlands Government on behalf of the Government of the United States the official notification contemplated by Article 6 of the treaty concluded by the Government of the United States with the Government of the Netherlands on January 19, 1839, whereby the operation of the treaty will terminate in accordance with its terms on

'For the complete history of the abrogation of such treaty provisions, see Foreign Relations, 1915, pp. 3 et seq., 1916, pp. 33 et seq., 1917, pp. 9 et seq. 'The same, mutatis mutandis, on the same date, to the Ambassador in Spain (No. 765), regarding treaty of July 3, 1902.

Foreign Relations, 1915, p. 6, note 2; see also ibid., 1916, p. 33, note 2.

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