[Inclosure.]
Mr. Hitchcock
to Mr. Hay.
Department of the Interior,
Washington, November 26,
1900.
Sir: Your letters of the 25th and 28th of
August, 1900, respectively, have been received, inclosing copies of
communications from the United States minister to
[Page 63]
Brazil relative to the operation of the
Brazilian law, which forbids the importation of foreign manufactured
products carrying inscriptions or labels in the Portuguese language,
except when imported from Portugal.
It is suggested that an amendment to the law is about to be proposed
which will permit the use of the labels in the Portuguese language
on importations, provided such labels on goods not coming from
Portugal bear across their face in capital letters and colored ink
the name of the place of their manufacture.
Our minister to Brazil suggests that he will insist that such
requirements shall not apply to merchandise already imported into
Brazil, but that he sees no objection to the law with the proposed
amendment, provided it applies to new labels not yet registered in
this country, and that all that will be required of merchants is
that they stamp on goods already imported the place from which
imported.
The Commissioner of Patents, to whom the matter was referred, reports
under date of October 16, 1900, copy of which is herewith
transmitted, that, if the law is amended as proposed, embodying the
minister’s suggestion, there can be no objection and our merchants
will be fully protected, in which conclusion in the premises I
concur.
Very respectfully,
[Subinclosure.]
Mr. Duell to
the Secretary of the
Interior.
Department of the Interior, United States Patent
Office,
Washington, October 16,
1900.
Sir: I have by the reference of the
Assistant Secretary communications from the State Department, dated
August 25 and 28, 1900, relating to the trade-mark law of Brazil and
an amendment thereto, together with a complaint from Messrs. J. C.
Ayer & Co., of Lowell, Mass. In these papers the Brazilian
trade-mark law of November 14, 1899, is referred to, but no copy of
said law was inclosed, and I have not been able to obtain a copy. I
take it, however, from the papers received, that the Brazilian law
forbids the importation of foreign manufactured products carrying
inscriptions or labels in the Portuguese language, except when
imported from Portugal. It is contended that this is a violation of
the agreement that this country has with Brazil relative to the
protection of trade-marks.
After carefully considering the matter, I am of the impression that
this contention can not be sustained, as the agreement concluded
between this country and Brazil on September 24, 1878, provides that
citizens or subjects of the two contracting parties shall have in
the territory of the other the same rights as belong to native
citizens or subjects in everything relating to property and marks of
manufacture and trade. As I understand the Brazilian law from the
correspondence, the requirement that the importation of foreign
products shall not carry an inscription in the Portuguese language,
unless imported from Portugal, applies to the citizens of Brazil as
well as to others. This being so, of course our citizens in this
particular would be on the same footing under the treaty as
Brazilians.
It is suggested that an amendment to the law is about to be proposed
which will permit the use of labels in the Portuguese language on
importations, provided that such labels on goods not coming from
Portugal bear across their face in capital letters and colored ink
the name of the place of their manufacture.
Our minister to Brazil suggests that he will insist that the
requirements should not apply to merchandise already imported into
Brazil, and states that he sees no objection to the law with the
proposed amendment, provided it applies to new labels not yet
registered in this country, and that all that will be required of
merchants is that they should stamp on goods already imported the
place from which they are imported.
After carefully considering the matter, I agree with our minister,
and am under the impression that if the law is amended as proposed,
embodying his suggestion, there can be no objection, and our
merchants will be fully protected.
The papers received by your reference are returned herewith.
Very respectfully, yours,
C. H. Duell, Commissioner.
