1 under the Act of February 20, 1905, or the Act of March



19, 1920, but it shall be considered compliance with the requirements of this Act if instead of a registered trade mark there be affixed to each container or package a notice



of an application to register a trade mark that has been

6 filed in the United States Patent Office within thirty days

7 of the passage of this Act or within thirty days of the adop

8 tion and use of the trade mark in interstate commerce: Pro

9 vided, however, That any trade mark the registration of 10 which has been finally refused shall not be affixed to any 11 container or package of drugs transported, shipped, or sold

12 in interstate commerce.


Sec. 2. The introduction into any State or Territory


or possession of the United States or the District of Colum

15 bia from any other State or Territory or possession of the


United States or the District of Columbia or from any


foreign country or shipinent to any foreign country of any article of simple or combined drugs within a container or


19 package unless the label specilied by section 1 of this Act


is aflised thereto is hereby prohibited; and any person or

21 persons, real or corporate, who shall ship or deliver for 22 shipment from any State or Territory or possession of the 23 United States or the District of Columbin to any other 24 State or Territory or possession of the United States or the 25 District of Colunibin or to a foreign country or who shall



receive in any State or Territory or possession of the United

2 States or the District of Columbia from any other State 3 or Territory or the District of Columbia or from any foreign 4 country, and having received such article of simple or com5 bined drugs, deliver such article in original, unbroken con

6 tainors or packages for pay or otherwise, or offer to deliver


to any other person or persons, real or corporate, any such

8 articles without such label affixed thereto, or any person


or persons, real or corporate, who shall sell or offer for sale


in the District of Columbia or the Territories or possessions

11 of the United States any such drugs without such label


affixed to the container or package thereof, or export or

13 offer to export the same to any foreign country shall be 14 guilty of a misdemeanor, and upon conviction thereof shall 16 be subject to a fine of not less than $50 nor imore than 16 $200 for the first offense, and for each subsequent violation 17 of this Act shall be subject to a fine of not less than $100 18 nor more than $300, or by imprisonment of not less than 19 three months nor more than one year, or both such fine and 20 imprisonment. 21 Sec. 3. Applications for registration of trade marks 22 concerning the articles specified in this Act shall be kept 23 on file in the United States Patent Office, where they shall 24 be convenient for inspection by the public during such hours


1 and under such regulations as the Commissioner of Patents

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Sec. 4. Trade marks used on the drugs and the con

4 tainers and packages thereof as set forth in this Act which

5 have been in bona fide use by the proprietor thereof for not

6 less than one month in interstate or foreign commerce or

7 commerce with the Indian tribes by the proprietor thereof 8 may

be registered under the Act of March 19, 1920, notI withstanding the requirement for use of not less than one 10 year in section 1 (b) of said Act, provided said trade marks 11 in all other respects are registrable under that Act. 12 SEC. 5. Every application for registration of a trade 13 mark for any drugs as provided in this Act or for the labels 14 affixed to such drugs shall be accompanied by a statement 15 from the Food and Drug Administration of the Department 16 of Agriculture that the statement of ingredients, properties, 17 proportions, and composition on the label affixed to the 18 individual container or package complies with the Pure 19 Food and Drug Act of June 30, 1906, as amended. 20 SEC. 6. The term “drug " as used in this Act shall 21 include all medicines and preparations recognized in the 22

United States Pharmacopacia or National Formulary for 23 internal or external use and any substance or mixture of


substances or combination of substances intended to be used


for the cure or mitigation or prevention of disease of every



man or other animals, and all cosmetics, bevorages, anti



2 septics, and teeth-cleansing preparations.

(d) The term “ label ” shall include any printed inatter or other device designed to be affixed by any means or in

any manner whatsoever to any bottle, package, box, or 6 other container or wrapping for the purpose of desiguating

the producer, manufacturer, packer, owner, or selle the



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in H. R. 6118

A BILL To provide for the truthful labeling of drugs

and the attachment of trade marks to the containers and packages of drugs.


JUNE 14, 1833 Referred to the Committee on Patents and ordered

to be printed

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