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$ 1153a. Reimbursement of appropriations.

Moneys hereafter received by the Secretary pursuant to section 1153 of this title, for publications provided thereunder, shall be available for reimbursing any appropriation as provided by said section. (Oct. 22, 1951, ch. 533, title III, § 301, 65 Stat. 586.)

CODIFICATION Section enacted as a part of the Department of Commerce Appropriation Act, 1952, and not as a part of this chapter. $ 1154. Reference of data to armed services and other

government agencies. The Secretary is directed to refer to the armed services all scientific or technical information, coming to his attention, which he deems to have an immediate or potential practical military value or significance, and to refer to the heads of other Government agencies such scientific or technical information as relates to activities within the primary responsibility of such agencies. (Sept. 9, 1950, ch. 936, § 4, 64 Stat. 824.) 81155. General standards and limitations; preserva

tion of security classification. Notwithstanding any other provision of this chapter, the Secretary shall respect and preserve the security classification of any scientific or technical information, data, patents, inventions, or discoveries in, or coming into, the possession or control of the Department of Commerce, the classified status of which the President or his designee or designees certify as being essential in the interest of national defense, and nothing in this chapter shall be construed as modifying or limiting any other statute relating to the classification of information for reasons of national defense or security. (Sept. 9, 1950, ch. 936, § 5, 64 Stat. 824.) 8 1156. Use of existing facilities.

(a) The Secretary may utilize any personnel, facilities, bureaus, agencies, boards, administrations, offices, or other instrumentalities of the Department of Commerce which he may require to carry out the purposes of this chapter.

(b) The Secretary is authorized to call upon other departments and independent establishments and agencies of the Government to provide, with their consent, such available services, facilities, or other cooperation as he shall deem necessary or helpful in carrying out the provisions of this chapter, and he is directed to utilize existing facilities to the full extent deemed feasible. (Sept. 9, 1950, ch. 936, $ 6, 64 Stat. 824.) $ 1157. Relation to other provisions.

Nothing in this chapter shall be construed to repeal or amend any other legislation pertaining to the Department of Commerce or its component offices or bureaus. (Sept. 9, 1950, ch. 936, § 7, 64 Stat. 824.)

Sec. 1173. Registration of manufacturers and dealers; Aling of

Inventory and sales and delivery records monthly; sale of unassembled devices; illegal sales or de

liveries. 1174, Labeling and marking of shipping packages. 1175. Specific jurisdictions within which manufacturing,

repairing, selling, possessing, etc., prohibited. 1176. Penalties. 1177. Confiscation of gambling devices and means of

transportation; laws governing. 8 1171. Definitions.

As used in this chapter-
(a) The term “gambling device" means

(1) any so-called "slot machine" or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and (A) which when operated may deliver, as the result of the application of an element of chance, any money or property, or (B) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or

(2) any machine or mechanical device designed and manufactured to operate by means of insertion of a coin, token, or similar object and designed and manufactured so that when operated it may deliver, as the result of the application of an element of chance, any money or property; or

(3) any subassembly or essential part intended to be used in connection with any such machine or mechanical device.

(b) The term "State" includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, and Guam.

(c) The term “possession of the United States" means any possession of the United States which is not named in subsection (b) of this section. (Jan. 2, 1951, ch. 1194, § 1, 64 Stat. 1134.)

SEPARABILITY PROVISIONS Section 8 of act Jan. 2, 1951, provided that: “If any provision of this Act (this chapter) or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act (this chapter) which can be given effect without the invalid provision or application, and to this end the provisions of this Act (this chapter) are declared to be severable."

81172. Transportation of gambling devices as unlaw

ful; exceptions; authority of Federal Trade Com

mission. It shall be unlawful knowingly to transport any gambling device to any place in a State, the District of Columbia, or a possession of the United States from any place outside of such State, the District of Columbia, or possession: Provided, That this section shall not apply to transportation of any gambling device to a place in any State which has enacted a law providing for the exemption of such State from the provisions of this section, or to a place in any subdivision of a State if the State in which such subdivision is located has enacted a law providing for the exemption of such subdivision from the provisions of this section.

Nothing in this chapter shall be construed to interfere with or reduce the authority, or the existing interpretations of the authority, of the Federal

Chapter 24.-TRANSPORTATION OF GAMBLING

DEVICES Sec. 1171. Definitions. 1172. Transportation of gambling devices as unlawful;

exceptions; authority of Federal Trade Commission.

Trade Commission under the Federal Trade Com-
mission Act. (Jan. 2, 1951, ch. 1194, § 2, 64 Stat.
1134.)

REFERENCES IN TEXT
The Federal Trade Commission Act, referred to in the
text, is classified to sections 41--58 of this title.

name and address of the shipper and of the con-
signee, and the nature of the article or the contents
of the package may be readily ascertained on an
inspection of the outside of the article or package.
(Jan. 2, 1951, ch. 1194, § 4, 64 Stat. 1135.)
§ 1175. Specific jurisdictions within which manufactur-

ing, repairing, selling, possessing, etc., prohibited.
It shall be unlawful to manufacture, recondition,
repair, sell, transport, possess, or use any gambling
device in the District of Columbia, in any possession
of the United States, within Indian country as de-
fined in section 1151 of Title 18 or within the special
maritime and territorial jurisdiction of the United
States as defined in section 7 of Title 18. (Jan. 2,
1951, ch. 1194, § 5, 64 Stat. 1135.)

8 1176. Penalties.

Whoever violates any of the provisions of sec-
tions 1172_1174 or 1175 of this title shall be fined
not more than $5,000 or imprisoned not more than
two years, or both. (Jan. 2, 1951, ch. 1194, § 6, 64
Stat. 1135.)

81173. Registration of manufacturers and dealers;

filing of inventory and sales delivery records
monthly; sales of unassembled devices; illegal

sales or deliveries.
Upon first engaging in business, and thereafter on
or before the 1st day of July of each year, every
manufacturer of and dealer in gambling devices
shall register with the Attorney General his name
or trade name, the address of his principal place of
business, and the addresses of his places of business
in such district. On or before the last day of each
month every manufacturer of and dealer in gam-
bling devices shall file with the Attorney General
an inventory and record of all sales and deliveries
of gambling devices as of the close of the preceding
calendar month for the place or places of business
in the district. The monthly record of sales and
deliveries of such gambling devices shall show the
mark and number identifying each article together
with the name and address of the buyer or consignee
thereof and the name and address of the carrier.
Duplicate bills or invoices, if complete in the fore-
going respects, may be used in filing the record of
sales and deliveries. For the purposes of this chap-
ter, every manufacturer or dealer shall mark and
number each gambling device, so that it is individu-
ally identifiable. In cases of sale, delivery, or ship-
ment of gambling devices in unassembled form, the
manufacturer or dealer shall separately mark and
number the components of each gambling device
with a common mark and number as if it were an
assembled gambling device. It shall be unlawful
for any manufacturer or dealer to sell, deliver, or
ship any gambling device which is not marked and
numbered for identification as herein provided; and
it shall be unlawful for any manufacturer or dealer
to manufacture, recondition, repair, sell, deliver, or
ship any gambling device without having registered
as required by this section, or without filing monthly
the re

red inventories and records of sales and
deliveries. (Jan. 2, 1951, ch. 1194, § 3, 64 Stat. 1135.)

§ 1177. Confiscation of gambling devices and means of

transportation; laws governing.
Any gambling device transported, delivered,
shipped, manufactured, reconditioned, repaired,
sold, disposed of, received, possessed, or used in
violation of the provisions of this chapter shall be
seized and forfeited to the United States. All pro-
visions of law relating to the seizure, summary and
judicial forfeiture, and condemnation of vessels,
vehicles, merchandise, and baggage for violation of
the customs laws; the disposition of such vessels,
vehicles, merchandise, and baggage or the proceeds
from the sale thereof; the remission or mitigation
of such forfeitures; and the compromise of claims
and the award of compensation to informers in re-
spect of such forfeitures shall apply to seizures and
forfeitures incurred, or alleged to have been in-
curred, under the provisions of this chapter, insofar
as applicable and not inconsistent with the provi-
sions hereof: Provided, That such duties as are
imposed upon the collector of customs or any other
person with respect to the seizure and forfeiture of
vessels, vehicles, merchandise, and baggage under
the customs laws shall be performed with respect
to seizures and forfeitures of gambling devices under
this chapter by such officers, agents, or other per-
sons as may be authorized or designated for that
purpose by the Attorney General. (Jan. 2, 1951.
ch. 1194, § 7, 64 Stat. 1135.)

8 1174. Labeling and marking of shipping packages.

All gambling devices, and all packages containing
any such, when shipped or transported shall be
plainly and clearly labeled or marked so that the

TITLE 15.-APPENDIX

RULES OF PRACTICE IN TRADE-MARK CASES

As amended to January 2, 1953

TITLE 37.—PATENTS, TRADE-MARKS AND COPYRIGHTS'

PART 110_RULES OF PRACTICES IN TRADE-

MARK CASES

GENERAL INFORMATION
Sec.
100.11 All communications to be addressed to Commis-

sioner of Patents.
100.12 Business to be transacted in writing.
100.13 Business to be conducted with decorum and

courtesy.
100.14 Separate letters.
100.15 Identification of pending application or regis-

tered mark.
100.16 Times for taking action; expiration on Saturday,

Sunday or holiday.
100.17 Inquiries.

Sec.
100.76 Identification of prior registrations.
100.77 Power of attorney, domestic representative.
100.78 Use by predecessor or by related companies.
100.79 Omission of allegation of use by foreign appli-

cants.
100.81 Proof of distinctiveness under section 2 (1).
100.82 Concurrent use.
100.83 Service mark.
100.84 Collective mark.
100.85 Certification mark.
100.86 Principal Register.
100.87 Supplemental Register.
100.88 Applicant's name.

DRAWING
100.91 Drawing required.
100.92 Requirements for drawings.
100.93 Transmission of drawings.
100.94 Informal drawings.
100.95 Patent Office may make drawings.

FEES AND PAYMENT OF MONEY
100.21 Fees and charges.
100.22

Method of payment.
100.23 Refunds.
RECORDS AND PUBLICATIONS OF THE PATENT OFFICE
100.31 Printed copies of registered marks available.
100.32 Registration files open to public inspection.
100.33 Assignment records open to public inspection.
100.34 Certified copies.
100.35 Official Gazette.
100.36 Annual trade-mark index.
100.37 Pamphlet of trade-mark rules and statutes; gen.

eral information.

SPECIMENS
100.101 Specimens.
100.102 Facsimiles.
100.103 Specimens or facsimiles in the case of a service

mark.

EXAMINATION OF APPLICATION AND ACTION BY

APPLICANTS
100.121 Action by Examiner.
100.122 Period for response.
100.123 Re-examinations.
100.124 Final action.
100.125 Abandonment.
100.126 Revival of abandoned applications.
100.127 Suspension of action by Patent Office.
100.128 Express abandonment.

ATTORNEYS AND REPRESENTATION BY ATTORNEYS
100.41 Applicants may be represented by an attorney.
100.42 Persons who may practice before the Patent Office

in trade-mark cases.
100.43 Professional conduct.
100.44 Advertising.
100.45 Signature and certificate of attorney.
100.46 Suspension or exclusion from practice.
100.47 Power of attorney or authorization,
100.48 Correspondence held with attorney.
100.49 Revocation of power of attorney.

APPLICATION FOR REGISTRATION
100.61 Parts of application.
100.62 Application must be complete to receive filing

date.
100.63 Serial number and filling date.
100.64 Designation of representative by foreign appli-

cant.
100.65 Papers not returnable.
100.66 Use of old drawing in new application.
100.67 Application confidential prior to publication.

THE WRITTEN APPLICATION
100.71 Application must be in English.
100.72 Application to be signed and sworn to by appli-

cant.
100.73 Requirements for application; statement.
100.74 Requirements for application; declaration.
100.75 Description of mark.

AMENDMENT OF APPLICATION
100.131 Amendments to statement.
100.132 Amendments to description or drawing.
100.133 Amendment to recite concurrent use.
100.134 Form of amendment.
100.135 Amendment to change application to different

register.

FEDERAL LABEL APPROVAL
100.141 Federal label approval required in certain cases.

PUBLICATION AND ALLOWANCE
100.151 Publication in Official Gazette.
100.152 Allowance of application.
100.153 Marks on Supplemental Register published only

upon registration.
100.154 Jurisdiction over published or allowed applica-
tions.

CLASSIFICATION
100.161 Classification of goods and services.
100.162 Plurality of goods or services comprised in single

class may be covered by single application.
100.163 Original application must be limited to goods or

services comprised in a single class.
100.164 Applications may be combined.

1 Title 37 refers to Code of Federal Regulations.

Page 1917

CONTESTED OR INTER PARTES PROCEEDINGS Sec. 100.181 Contested or inter partes proceedings.

INTERFERENCES 100.191 Interferences. 100.192 Preliminary to interference. 100.193 Declaration of interference. 100.194 Motions to dissolve interference. 100.195 Decision on motion to dissolve. 100.196 Burden of proof. 100.197 Motion to add. 100.198 Adding party to interference.

OPPOSITION 100.201 Time for filing notice of opposition. 100.202 Extension of time. 100.203 Notice filed by attorney. 100.204 Contents of notice of opposition. 100.205 Institution of opposition.

CANCELLATION FOR FAILURE TO FILE

AFFIDAVIT DURING SIXTH YEAR Sec. 100.321 Cancellation for failure to fille affidavit during

sixth year. 100.322 Requirements for affidavit. 100.323 Acknowledgment of receipt of affidavit. 100.324 Reconsideration of affidavit. 100.325 Time of cancellation.

AFFIDAVIT FOR INCONTESTABILITY 100.331 Affidavit for incontestability. 100.332 Combined with other affidavits. CORRECTION, DISCLAIMER, SURRENDER,

ETC. 100.341 New certificate on change of ownership. 100.342 Surrender, cancellation, disclaimer in whole. 100.343 Amendment and disclaimer in part. 100.344 Correction of Office mistake. 100.345 Correction of mistake by registrant.

TERM AND RENEWAL 100.351 Term of original registrations and renewals. 100.352 Period within which application for renewal must

be filed. 100.353 Requirements of application for renewal. 100.354 Refusal of renewal.

ASSIGNMENT OF MARKS 100.361 Requirements for assignments. 100.362 Action may be taken by assignee of record. 100.363 Certificate of registration may issue to assignee.

UNPROVIDED FOR AND EXTRAORDINARY CASES 100.381 Cases not specifically defined. 100.382 Commissioner may suspend certain rules.

AMENDMENT OF RULES 100.391 Amendments to rules will be published. 100.392 Publication of notice of proposed amendments.

CANCELLATION 100.211 Time for filing petition for cancellation. 100.212 Petition for cancellation. 100.213 Notice of filing of petition. APPLICATION FOR REGISTRATION AS

CONCURRENT USER 100.221 Application to register as concurrent user. PROCEDURE IN CONTESTED OR INTER

PARTES PROCEEDINGS 100.231 Federal rules of civil procedure. 100.232 Undelivered Office notices. 100.233 Service of papers. 100.234 Assignment of times for taking testimony and of

date of final hearing. 100.235 Testimony in contested or inter partes cases. 100.236 Copies of testimony. 100.237 Allegations in application not evidence on behalf

of applicant. 100.238 Motions. 100.241 Briefs at final hearing. 100.242 Final hearing. 100.243 New matter suggested by Examiner of Trade

Marks. 100.244 Failure to take testimony. 100.245 Amendment of application or registration during

proceedings. 100.246 Surrender or cancellation of registration. 100.247 Abandonment of application, abandonment or

dislaimer in whole of mark, concession of priority.

APPEALS 100.261 Ex parte appeals to the Commissioner from the

Examiner of Trade-Marks. 100.262 Time and manner of ex parte appeals. 100.263 Appeal to the Commissioner from decision of

Examiner of Interferences. 100.264 Appeal to court.

PETITION TO THE COMMISSIONER 100.271 Petition to the Commissioner.

TIME OF TAKING EFFECT 100.401 Effective date of rules.

APPLICATIONS PENDING ON JULY 5, 1947 100.411 Conversion of pending applications to act of 1946. 100.412 Requirements of amendment. 100.413 Applications which cannot be amended.

GENERAL INFORMATION

8 100.11. All communications to be addressed to Com

missioner of Patents. All letters should be addressed to "The Commissioner of Patents, Washington 25, D. C." 8 100.12. Business to be transacted in writing.

All business with the Patent Office should be transacted in writing. Personal appearance is unnecessary. The action of the Office will be based exclusively on the written record. No recognition will be given to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.

CERTIFICATE

100.291 Certificate.

REPUBLICATION OF MARKS REGISTERED

UNDER 1905 ACT 100.301 Republication requirements. 100.302 Republication in Official Gazette. 100.303 Notice of republication. 100.304 Not subject to opposition; subject to cancella

tion.

8 100.13. Business to be conducted with decorum and

courtesy. Applicants and their representatives will be required to conduct their business with the Patent Office with decorum and courtesy. Papers presented in violation of this requirement will be submitted to the Commissioner and will be returned by his direct order. Complaints against Examiners and other employees must be made in communications separate from other papers.

REREGISTRATION OF MARKS REGISTERED

UNDER PRIOR ACTS 100.311 Reregistration of marks registered under acts of

1881, 1905, and 1920.

$ 100.14. Separate letters.

A separate letter should, in every instance, be written in relation to each distinct subject of inquiry. $ 100.15. Identification of pending application or regis

tered mark. A letter relating to a pending application should identify it by the name of the applicant and the serial number and filing date of the application. A letter relating to a registered mark should identify it by the name of the registrant and by the number and date of the certificate. 8 100.16. Times for taking action; expiration on Satur

day, Sunday or holiday. Whenever periods of time are specified in these sections in days, calendar days are intended unless otherwise indicated. When the day, or the last day, fixed by statute or by or under these sections for taking any action or paying any fee falls on Saturday, Sunday, or on a holiday within the District of Columbia, the action may be taken or the fee paid, on the next succeeding day which is not a Saturday, Sunday, or a holiday. (As amended Dec. 1, 1952, 17 F. R. 10869.)

$ 100.17. Inquiries.

The Patent Office cannot undertake to respond to inquiries whether certain trade-marks have been registered, or, if so, to whom, or for what goods; nor can it give legal advice or advice as to the registrability of a specified mark or the nature and extent of the protection afforded by the law, except as questions may arise in connection with pending applications. Information of a general nature may be furnished either by answering the inquiry or by providing or calling attention to an appropriate publication.

(j) For filing disclaimer, amendment, surrender, or cancellation after registration, $10.00.

(k) For manuscript copies, for every one hundred words or fraction thereof, $0.10.

(l) For comparing other copies, for every one hundred words or fraction thereof, $0.05.

(m) For certification of copies in any case, additional, $1.00.

(n) For each additional registration or application which may be included under a single certification, additional, $0.50.

(0) For recording every assignment or other paper not exceeding six pages, $3.00.

For each additional two pages or less, $1.00.

For each additional registration or application included, or involved in one writing, where more than one is so included or involved, additional, $0.50.

(p) For abstracts of title:

For the search, one hour or less, and certificate, $3.00.

For each additional hour or fraction thereof, $1.50.

For each brief from the digest of assignments of two hundred words or less, $1.00.

For each additional 100 words or fraction thereof, $0.10.

(g) For title reports required for Office use, $1.00.

(r) For a single printed copy of statement and drawing, $0.10.

(s) For certificate that trade-mark has not been registered, search and certificate (for deposit in foreign countries only), $3.00.

(t) For certified copies of certificates of registrą. tion:

For each copy of printed statement and drawing, $0.10.

For each grant (certificate of registration), $1.00. For the certification, $1.00.

For each additional registration which may be included under a single certification, additional, $0.50.

If renewed, for copy of each certificate of renewal, $1.00.

(u) For photostat copies of records and papers, per sheet, $0.30.

(v) For photoprints of drawing, $0.30.

(w) For making drawings, when they can be made by the Patent Office, the cost of making the same, minimum charge, $5.00.

(x) For correcting drawings, 30 cents for photoprint of uncorrected drawing, and the cost of making correction, minimum charge for making the correction, $1.00.

NOTE: The Official Gazette and other publications are sold by the Superintendent of Documents, Government Printing Office, Washington 25, D. C., who also sets the prices, to whom all communications respecting the same should be addressed (except with respect to items indicated as supplied by the Patent Office only). Official Gazette of the United States Patent Office: Annual subscription, domestic---

$17.50 (Including indexes of patents and trade-marks,

paper bound $21.00; cloth bound $24.50.) Annual subscription, foreign...

26. 50 (Including indexes of patents and trade-marks,

paper bound $31.00; cloth bound $34.50.) Single numbers..

.85

FEES AND PAYMENT OF MONEY $ 100.21. Fees and charges.

The following is the schedule of fees and charges to be paid to the Patent Office:

(a) On filing each original application for registration of a mark in each class on either the principal or the supplemental register, $25.00.

(b) On filing each application for renewal in each class, $25.00

(c) On filing each application for renewal in each class after expiration of the registration, additional, $5.00.

(d) On filing notice of claim of benefits of the act of 1946 for a mark to be published under section 12 (c) thereof (section 1062 (c) of this title], $10.00.

(e) On filing notice of opposition or petition for cancellation, $25.00.

(f) On appeal from the Examiner of Trade-Marks to the Commissioner, $25.00.

(g) On appeal from the Examiner of Interferences to the Commissioner, $25.00.

(h) For issuance of a new certificate of registration following change of ownership of a mark or correction of a registrant's mistake, $10.00.

(1) For certificate of correction of registration of registrant's mistake, $10.00.

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