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Individuals or bands who, after the date of this proclamation, are found in arms or disturbing the public order or otherwise violating the laws of the Cuban Republic will be denied all benefits of the preceding paragraph and will, furthermore, be arrested and proceeded against for such new violations of law as under normal conditions.
WM. H. TAFT,
Provisional Governor. PEDRO F. DIAGO,
Acting Secretary of State and Justice.
Decree No. 11.
HABANA, October 12, 1906. In accordance with my proclamation of September 20, 1906, I, William H. Taft, provisional governor of Cuba, hereby resolve:
I. That the Congress of the Republic of Cuba remain in recess during the continuance of the provisional administration of the United States.
II. The rights of members of Congress to compensation as such during said recess is under consideration and will later be made subject of a special resolution, pending the issue of which salaries will not be paid.
III. The employees attached to the service of the - Diario de Sesiones" and the “ concerjes” of both chambers will be retained in their present employments until further orders and shall be under the direct orders of the provisional governor; and the stenographers of both chambers shall continue in discharge of their duties until the last day of October, 1906.
W. H. TAFT,
Provisional Governor. PEDRO F. DIAGO,
Acting Secretary of State and Justice.
(Inclosure 6. ]
Decree No. 12.
HABANA, October 11, 1906. With reference to the papers on file in the department of government, relating to a purchase of arms from C. Hempel, from which it appears that under date of September 10 last there were ordered through said gentleman 1,200 cavalry Mauser repeating rifles, at the price of $19.76 each, delivered cost, freight, and insurance, and half million cartridges for said rifles, at the price of $35.82 per thousand, with a commission to Hempel of 5 per cent, payment to be made for such goods upon their receipt in this port; and that such goods have not as yet reached this capital:
Whereas the extraordinary conditions which gave rise to the preceding order have ceased to exist, and the said merchandise is now not needed by the Government of Cuba ;
Whereas it is “ within the discretionary power of the administration to declare the rescission of contracts involving public services, provided such rescission be considered in favor of the interests of the state, with the obligation of indemnity” (royal decree of September 20, 1875; Gazette of November 26), I resolve:
First. To declare the rescission of the contract entered into by the exsecretary of public works, acting secretary of government, Sr. Rafael Montalvo, by means of correspondence, with Mr. Hempel, for the purchase by the Cuban State of the goods above referred to.
Second. To reserve to Mr. Hempel the right of claiming from the State such indemnity as might be due him by virtue of this rescission.
Third. To reserve to the Cuban State the right of bringing such action against the contractor in due time as may lie for the delay in delivering the goods ordered, or for any other faults chargeable to him.
WM. H. TAFT,
Provisional Governor. GASTON MORA,
In charge of the Department of Government.
HABANA, October 13, 1906. By the direction and with the authority of the President of the United States, I hereby lay down the office of provisional governor of Cuba, assumed by me September 29, 1906, and turn the same over to Charles E. Magoon as my successor.
WM. H. TAFT.
PROCLAMATION. To the People of Cuba:
Acting under the authority conferred upon him by the appendix to the constitution of Cuba, by the treaty between the United States and Cuba ratified July 1, 1904, and by the act of Congress of the United States approved March 2, 1901, the President of the United States has appointed me provisional governor of Cuba, to succeed the Hon. Wm. H. Taft, and I hereby assume that office.
The polic declared and the assurances given by my predecessor, Secretary Taft, will be strictly adhered to and carried out.
As provisional governor I shall exercise the powers and perform the duties contemplated and provided for by the third article of the appendix to the constitution of Cuba, for the preservation of Cuban independence and for the protection of life, property, and individual liberty.
As soon as it shall prove to be consistent with the attainment of these ends I shall seek to bring about the restoration of the ordinary agencies and methods of government under the other and general provisions of the Cuban constitution.
All provisions of the constitution and laws the application of which for the time being would be inconsistent with the exercise of the powers provided for by the third article of the appendix must be deemed to be in abeyance. All other provisions of the constitution and laws continue in full force and effect.
CHARLES E. MAGOON,
Provisional Governor. October 13, 1906, 12 o'clock noon.
It is hereby ordered that the temporary administration of the government of the Republic of Cuba in virtue of the requirements of article 3 of the treaty of May 22, 1903, shall be conducted in Habana by the provisional governor, subject to the supervision of the Secretary of War; and all business in relation thereto in this country will be transacted in the Bureau of Insular Affairs of the War Department, where it will be made a matter of official record.
THEODORE ROOSEVELT. THE WHITE HOUSE,
October 23, 1906.
TRADE-MARK REGISTRATION LAW OF CUBA.
Jinister Squiers to the Secretary of State. No. 1321.1
Habana, September 1, 1905. Sir: I have the honor to acknowledge receipt of department's instructions No. 519 4 of July 14, and No. 529 of July 29, with
2 Not printed.
reference to the Cuban trade-mark registration law, and in reply to advise you that the matter was duly brought to the attention of the Cuban Government with a view to correcting the abuses complained of.
The Secretary of State has replied to my representations suggesting that the United States join in the "treaty on patents of invention, industrial drawings, and models and trade-marks,” a treaty that was considered during the second conference which took place in Mexico in 1902, and to which President Palma proposes Cuba shall subscribe.
In inclosing a translation of this note I beg to say that I shall make no further representations, awaiting your instructions. I have, etc.,
H. G. SQUIERS.
The Secretary of State and Justice of the Republic of Cuba to Minister Squiers.
DEPARTMENT OF STATE AND JUSTICE,
DIVISION OF STATE,
August 26, 1905. Mr. MINISTER: I have the honor to acknowledge receipt of your excellency's note No. 745 of the 22d instant, inviting my attention to the statements made by the National Association of Manufacturers of America to the Department of State of the United States relative to the pirating of unregistered trademarks in Cuba and requesting my views on the subject or any suggestion which will put a stop to the abuses complained of.
Complying with your excellency's wish, I beg to state that I have read with care the aforesaid statements and gather therefrom that the legislation regarding the matter is entirely different in our two countries to the extent that to make them alike, even on the point raised by the National Association of Manufacturers, reforms would have to be made on our side by the legislative power; but in lieu of an early innovation in this sense permit me to suggest that the United States adhere to the convention on trade-marks signed by the delegates of the American Republics during the second conference which took place in Mexico in 1902, for the President of the Republic has just proposed to the senate the adhesion of Cuba, and both nations adhering thereto, trade-marks registered in either of them would be duly protected. I take, etc.,
JUAN F. O'FARRILL.
The Secretary of State to Minister Squiers. No. 556.]
DEPARTMENT OF STATE,
Washington, October 30, 1905. Sir: Referring to your dispatch No. 1321, of the 1st ultimo, in regard to the suggestion made by the President of Cuba that the United States join in the “ Treaty on patents of invention, industrial drawings, and models and trade-marks,” drafted at the second PanAmerican conference in 1902, I inclose herewith a copy of a letter from the Secretary of the Interior, by which he informs the department that the Commissioner of Patents recommends that this country shall not join in such a treaty and that he concurs in the commissioner's conclusion. I am, etc.,
DEPARTMENT OF TIIE INTERIOR,
Washington, October 24, 1905. SIR: Your letter of the 9th ultimo has been received, inclosing a copy of a dispatch from our minister at Habana in regard to the suggestion made to him by the President of Cuba that this country join in the “ Treaty on patents of invention, industrial drawings and models, and trade-marks,” drafted at the second Pan-American congress in 1902.
In response thereto, I have the honor to advise you that the Commissioner of Patents, to whom the matter was referred, reports that the treaty contains many provisions contrary to the requirements of the laws of this country, and would therefore make necessary a revision of our laws for the purpose of giving it effect. He further states that in several respects the amendments necessary would be contrary to the fundamental principles upon which the patent system of this country is based.
He adds that for the reasous set forth it would be unwise to make the changes in the existing law of this country which would be necessary to give effect to the treaty, and accordingly recommends that this country shall not join in such treaty. I coucur in his conclusions. Very respectfully,
E. A. HITCHCOCK. .
Chargé Sleeper to the Secretary of State.
Habana, February 1, 1906. Sir: Referring to legation dispatch No. 1321, of September 1 last, and department's reply No. 556, of October 30, 1905, and for the information of such American firms as have trade-marks registered in Cuba and desire their protection in all countries adhering to the convention of Berne, I beg to transmit to the department translation of a ruling issued by the department of agriculture, industry, and commerce defining the steps necessary to be taken to secure protection of trade-marks in those countries subscribing to that convention.
The ruling reaffirms the Madrid arrangement of April 14, 1891, which effected the adherence of the Spanish Government to the Berne convention. I have, etc.,
DEPARTMENT OF AGRICULTURE, INDUSTRY, AND COMMERCE. Ruling.–For the enforcement of the Madrid arrangement of April 14, 1891, relative to the international registration of trade-marks:
I. Any private or legal person in lawful possession of a trade-mark duly registered in his name in the proper office of the department of agriculture, industry, and commerce may, as provided for in the arrangement of April 14, 1891, concerning the international registration trade-marks, promulgated in the Official Gazette of December 27, 1904, obtain protection for such trade-mark in the subscribing States and in any State that may in future subscribe to the said arrangement by the compliance with the formalities called for in this ruling.
II. Parties concerned shall make written application, over their own signature or that of a properly authorized person, to the secretary of agriculture, industry, and commerce, in which shall be detailed the name and surname of the applicant, his nationality, the place where he has his establishment, the number and date of his certificate of registration in Cuba, of the mark or marks for
which international registration is sought, and the product or article that each mark is for.
III. Said application must be accompanied by:
(a) An engraving or typographical cut of each mark, so that it may be printed in black in the official periodical of the international office. These cuts must exactly reproduce the mark just as it was when granted and in such manner that all details will be visible. It should not be less than 15 millimeters nor more than 10 centimeters in either length or breadth. The exact thickness of the cut should be 24 millimeters, the same as the height of printing type.
(0) Three sample typographical reproductions on white paper of the cut demanded in the preceding paragraph.
(c) When it is urged that the distinguishing feature of a mark is its color, the applicant shall be obliged to so declare, accompanying his application with a description in which the color is mentioned, and inclosing 42 samples of the said mark in color.
(d) A postal money order or check for 100 francs in the case of a single mark and of 50 francs additional for each additional mark whose registration is sought at the same time by the same owner, the order or check to be in favor of the “ International Bureau of Industrial Property, Berne.”
(e) An authorized power of attorney when the application is made by proxy.
(f) The official receipt showing that the government tax of $5 official money, provided for by Article VIII of the arrangement of April 14, above mentioned, has been paid in the collector's office of the proper fiscal zone.
IV. Requests for registration sent to the international office will be placed in the respective files of the archives of national marks, and in turn, the international registration having been effected, given the number of such registration.
V. Trespass on trade-mark property and any alteration trade-marks may suffer shall be communicated officially by those in charge of the national files to the official in charge of international marks and by him in turn to the international office at Berne, as provided for and according to the said arrangement and this ruling.
VI. The department of agriculture, industry, and commerce shall immediately transmit to interested parties all news received by the international office relating to their marks, and will also inform them of the refusal of any of the subscribing nations to protect their marks.
VII. Six months before the expiration of the term of protection in this Republic the secretary of agriculture, industry, and commerce will advise the owners of internationally registered Cuban marks that in order to continue the international registration in force, as provided by Article VI of the arrangement of April 14, 1891, they must take steps to again register their national marks.
VIII. The terms of the foregoing article in no wise affect the dispositions of Articles VI and VII of the said arrangement so far as they concern the duration of the international registration, which shall remain in force during the entire time that the national registration of the mark is effective.
IX. To renew the international registration at the expiration of its twentyyear term, the same formalities must be observed as if a mark were being so registered for the first time, excepting the cut, which it will be unnecessary to furnish,
X. In order to give publicity to international marks an album of internationally registered marks may be consulted by the public in the department of agriculture, industry, and commerce during office hours.
T. ESTRADA PALMA.
GABRIEL CASUSO, Secretary of Agriculture, Industry, and Commerce. HABANA, October 28, 1905.
Which, by order of the secretary, shall be published in the Official Gazette, so that it may be generally known, and shall be enforced from the tenth day after its publication.
FRANCISCO I. DE VILDOSOLA,
Assistant Secretary. HABANA, January 15, 1906.
59605-FR 1906 -32