THE INDIA RUBBER WORLD 



433 



paragraph 369, Tariff Act of 1913, at 25 per cent, ad valorem 

 were held dutiable at 10 per cent, as manufactures of india rub- 

 ber or gutta percha under paragraph 368, possessing flexibility, 

 resiliency and capable of withstanding great heat. (Treasury 

 Decisions, Volume 36, No. 11.) 



Protests 930,688 and 931,161, of William F. Mullen, New York 

 City. Gutta Perch.^— In'di.\ Rubber.— Gums invoiced as gutta 

 hangkang, gutta katiau, gutta doerian, gutta teweh, and gutta 

 siak, classified at 10 per cent, ad valorem under paragraph 385. 

 Tariff Act of 1913, were held free of duty as gutta percha or 

 india rubber under paragraphs 502 and 513. A protest claiming 

 free entry imder various paragraphs, but omitting 502, was held 

 sufficient. (Treasury Decisions, Volume 36, No. 14.) 



Protest 930,116, of Thomsen & Co., New York City. B.\se- 

 B.\LLS, TENNIS B.'VLLS, TOYS. — Bascballs and tennis balls classified 

 as toys at 35 per cent ad valorem, under paragraph 342, are 

 claimed dutiable as manufactures of india rubber at 10 per cent., 

 under paragraph 368, as manufactures of grass straw and weeds 

 at 25 per cent., under paragraph 266, or as manufactures of cot- 

 ton at 30 per cent. They were found to be of chief value of 

 cotton, used by adults as w^ell as children, and so held dutiable 

 imder paragraph 266. (Treasury Decisions, Volume 36, No. 10.) 



DECISIONS OF COMMISSIONER OF PATENTS. 



Ex PARTE American Rubber Co. Decided November 20, 1918. 

 Trade-Marks — "Sealhyde," for carriage cloth — descriptive. 



The word "Sealhyde" as applied to a carriage-cloth which is 

 an imitation leather formed of textile treated with waterproof 

 material, held descriptive, and therefore not registerable. 



Ex parte United States Rubber Co. Decided December 9, 

 1918. Trade-Marks — Government insignia. 



The prohibition against the registering of a mark comprising 

 government insignia is not avoided because the letters happen 

 to be part of the initials of the name of the applicant, and a 

 mark consisting of the letters "U S" written on a disk with 

 (jlher relatively insignificant marking, is not registerable. 



FEDERAL TRADE COMMISSION DECISION. 



Federal Trade Commission rs. E. P. Jones, S. A. Paui., Irox- 

 CLAD Tire Co., Inc., Queen Rubber Co., Inc., Overroad Tire 

 Co., Inc., Worth-More Tire Co., Inc. 



The Federal Trade Commission found in its investigation of 

 the affairs of the above corporations that E. P. Jones owns the 

 majority of the stock and has the controlling interest in all of 

 them. S. A. Paul, the other personal defendant, has sold his 

 entire interest and is no longer connected with them. They are 

 all New York corporations and deal in rebuilt and reconstructed 

 automobile tires which are purchased in states other than New 

 York and so are engaged in interstate commerce. 



The tires sold by the respondents are rebuilt and reconstructed 

 from partially used and discarded tires and are constructed sub- 

 stantially as follows : the fabric used to a great extent is known 

 as Egyptian or Sea Island, taken only from carefully selected, 

 partially worn, standard make tires. This fabric is carefully 

 examined, repaired, buffed, and cleaned, and is given several 

 coats of high quality vulcanizing cement. To reinforce and 

 strengthen the tire a reliner is then added. The cushion and 

 tread stock consisting of pure rubber, reclaimed rubber, and 

 chemicals in proper proportion are then added, and the tires 

 cured in steam vulcanizcrs. 



The tires thus remade were originally of various makes and 

 brands, the marks of which were effaced and others substituted. 

 The new names have a tendency to mislead the purchaser into 

 believing them to be manufactured from new and unused mate- 

 rials. These tires were advertised so as to guarantee a service 

 of 4,000 miles and that if they failed they would be replaced at 

 one-half the price paid, thus giving the impression that they would 

 last 4,000 miles. 



The Commission found that they were violating the Act of 

 Congress of September 26, 1914, giving power to the Federal 

 Trade Commission to regulate unfair competition in interstate 

 commerce. It therefore ordered the respondents to cease circu- 

 lating advertisements which would tend to create the belief 

 among the consumers that the tires offered for sale are made of 

 new and unused materials, and that the respondents must plainly 

 mark them to show that they are remanufactured tires. ( Federal 

 Trade Commission, Docket 243. March 26, 1919.) 



PATENTS AND TRADE-MARKS IN THE CZECHO-SLOVAK 

 REPUBLIC. 



A law for the protection of patents and trade-marks in the 

 Czecho-SIav State was passed in Prague under date of October 

 28, 1918. By virtue of this law all patents and trade-marks reg- 

 istered in the Austrian Empire will apply to the Czecho-Slovak 

 State, but it will be necessary at a later date to proceed and file 

 certified copies of such patents and trade-marks at Prague. 



At first the former Austrian laws concerning commercial in- 

 vention rights (patents, trade-marks, and designs) will remain 

 virtually unchanged. A complete revision of the trade-mark 

 law is being planned and will be effected at a later date. This 

 revision will satisfy all modern demands. 



The Czecho-Slovak patent office will attend to the official con- 

 trol of the registration of trade-marks and granting of patents 

 and of all matters relating thereto. It will be patterned along the 

 lines of the Vienna patent office and will have departments for 

 applications, complaints, nullifications, etc. As the Czecho-Slovak 

 patent office is taking a great many experienced jurists and tech- 

 nical men from the former Imperial patent office at Vienna, it will 

 be in working order from the very beginning. 



There will be maintained, together with the patent office, a 

 Czecho-Slovak patent court which will take charge of appeals 

 from the nullification department. 



The transition decisions will be of special interest and will be 

 substantially as follows : 



Patents granted in the past by the Vienna patent office as well 

 as those granted in the future thereby, will not be in force in 

 the Czecho-Slovak State. 



If a Vienna patent is to be made valid in the Czecho-Slovak 

 State, it must be applied for separately at the Czecho-Slovak pat- 

 ent office. The application must be accompanied with a certified 

 copy of the Austrian patent and the application will then be re- 

 garded as issued by the Czecho-Slovak office. The current and 

 following yearly taxes will have to be paid at the Prague office. 



Austrian patent applications not yet acted upon by the Vienna 

 office or still pending therein, will probably require a special reg- 

 istration in Prague, the priority date of filing in Austria being 

 granted. 



ANNUAL REPORT OF THE KELLY-SPRINGFIELD TIRE CO. 



The annual report of the Kelly-Springfield Tire Co., Jersey 

 City, New Jersey, shows that notwithstanding the difficulty of 

 procuring raw materials, labor and transportation, and the 

 curtailed output by governmental regulation, business largely in- 

 creased during 1918. The net earnings, amounting to $4,365,- 

 227.14, were the greatest in the history of the company, but are 

 subject to heavy income and excess profits taxes. The balance 

 sheet of December 31, 1918, shows a general surplus of $9,197,- 

 858.19. 



The outlook for the present year is excellent, the capacity of 

 the various plants is taxed to the limit, and steps arc being 

 taken to provide means for increased production. 



Tlie Carolina Tire & Accessory Co., Columbia, South Carolina, 

 has increased its capital from $15,000 to $50,000, of which $25,- 

 000 is paid in. The company deals in wholesale automotive and 

 shop equipment and no longer handles tires. 



