With minor differences, the trade-mark registration laws of the principal foreign countries are similar to our own. The most important differences consist in the length of time over which the patent runs and whether "prior use" or "prior application" is taken as evidence of ownership.
The duration of the right differs. In Honduras no time limit is set; in Colombia it remains valid for 20 years ; in Argentina for 10 years, but renewable. In Japan the right of exclusive use of a trade-mark ex pires with the cessation of the business for which it is used by the owner.
The question of ownership has its difficulties. In Bolivia, Argentina, Colombia, Chile and Cuba the owner is held to be the person first registering the mark. In other countries, as Costa Rica and Hon duras, the owner is the one first using it. Most ad vanced nations have found it more satisfactory to allow provisional registration, which becomes final after a certain period. The first user is thus given an opportunity to establish his title. In England the period of provisional registration is five years, in Russia three years and in Holland six months.
5. International trade-mark agreements.—The first international conference dealing with trade marks took place in DM. This International Con vention for the Protection of Industrial Property was joined by the United States in 1887. A certain uni formity of practice has resulted from this convention. Article 8, for example, decrees that "commercial names are entitled to protection without obligation of deposit." But much remains to be done.
By far the most ambitious international agreement is that between the states of North and South Amer ica. The International Bureau for the registration of Trade-Marks has two offices, or bureaus, that for South America being located in Rio de Janeiro, and that for the United States and Central America in Havana.
The agreement reads: "Any mark duly registered in one of the signatory states shall be considered as registered also in the other states of the Union" and a fee of $50 gold in addition to the registration fee for the state in "which application for registration is first made shall cover all expenses of both bureaus for the international registration in all the signatory states."
The United States has trade-mark treaties also with Belgium, France, Great Britain, Italy, Japan, China, Luxemburg, Roumania, Servia, Spain, Switzerland and Holland and formerly with Germany, Austria-Hungary and Russia.
6. Transportation agreements.—On the continent of Europe international rate agreements regulated the international use of railroad equipment and also fixed thru freight and passenger rates. The central administratiVe office was located in Berne.
The agreements existing between the railroads of the United States and those of Canada are at present all of a private nature.
7. Postal agreements.—Few people realize that the mail service which now operates so smoothly dates only from the latter part of the nineteenth century. It was in 1874 that the first International Postal Con vention agreed to the sanctity of the mail, to a twenty-five centimes (five cents) postal rate and to the establishing and maintaining of a central admin istrative bureau to be located in Berne. An inter national parcel post agreement was established in 1885 and the international money order in 1891. The international reply coupon is one of the latest facilities introduced. The coupon may be bought at any post-office and is redeemable in any member country in a stamp of twenty-five centimes. It is thus possible in writing foreign correspondents to "enclose stamps" for reply.
With some exceptions, the rate of postage for a letter of one ounce is uniformly five cents; each ad ditional ounce requires three cents more. Under the same agreement the rate for postal cards is two cents, for printed matter one cent for two ounces, for samples two cents for four ounces, and two cents ad ditional for every two ounces above four. Registra tion costs ten cents additional. Domestic rates ap ply to Porto Rico, Philippine Islands, Cuba, Canal Zone, Panama, Hawaii, Shanghai, and England.' Before the war, letters to Germany carried on Ger man ships were also taken at the domestic rate.