The President of the United States of America and His Majesty the King of the Belgians, deeming it advisable that there should be an additional article to the treaty of commerce and navigation between them of the 17th July, 1858, have for this purpose named as their Plenipotentiaries, namely:
The President of the United States, Henry Shelton Sanford, a ,citizen of the United States, their Minister Resident near His Majesty the King of the Belgians; and His Majesty the King of the Belgians, the Sieur Jules Vander Stichelen, Grand Cross of the Order of the Dutch Lion, &c., &c., &c., his Minister of Foreign Affairs;
Who, after having communicated to each other their full powers, have agreed to and signed the following:
The high contracting parties, desiring to secure complete and efficient protection to the manufacturing industry of their respective citizens, agree that any counterfeiting in one of the two countries of the, trade-marks affixed in the other on merchandise to show its origin and quality, shall be strictly prohibited, and shall give around for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven.
The trade-marks in which the citizens of one of the two countries way wish to secure the right of property in the other, must be lodged, to wit: the marks of citizens of the United States at Brussels, in the office of the Clerk of the Tribunal of Commerce; and the marks of Belgian citizens at the Patent Office in Washington.
It is understood that if a trade-mark has become public property in the country of its origin it shall be equally free to all in the other country.
This additional article shall have the same duration as the before mentioned treaty of the 17th of July, 1858, to which it is an addition. The ratifications thereof shall be exchanged in the delay of six months, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed the same, and affixed thereto their seals.
Done at Brussels, in duplicate, the 20th of December, 1868.
(1) This treaty terminated July 1, 1875.Back
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Source: Treaties, Conventions, International Acts and Agreements Between the United States of America and Other Powers 1776-1909. Compiled by William M. Malloy Under Resolution of the Senate of January 18, 1909 Washington : Government Printing Office, 1910. |