Mr. Bancroft to Mr. Fish
Sir: Your instruction, No. 275, respecting the protection of trademarks has received attention.
The law on this subject for North Germany, henceforth good for all Germany, is contained in the penal code of the North German Union, (Strafgesetzbuch des norddeutschen Bundes,) a copy of which I forwarded to you on the 3d of October last. Paragraph 287 of this code provides for the protection of trade-marks, in terms of which the following is a translation:
Whoever falsely marks goods or their wrappings with the name or firm (firma) of a native manufacturer, producer, or merchant, or knowingly introduces into the market such falsely-marked goods is punishable with a fine of from $50 to $1,000, or with imprisonment not to exceed six months. The same penalty accrues when the act is committed against subjects of a foreign state, in which a reciprocal procedure is guaranteed by published treaties, or by the laws.
The penalty is not thereby voided, that the name or firm (firma) is reproduced with such alterations as are perceptible only upon very close observation.
It thus appears that the legislation of both countries indicates a like disposition to extend the protection secured to its own citizens to those foreigners also whose governments reciprocate it.
A convention, however, seems necessary to give certainty and effectiveness to the reciprocal protection.
I shall therefore seize the earliest opportune moment to resume the negotiation of such a convention, which, but for the war, would have been already concluded.
A convention now to be concluded will secure to the citizens of the United States protection for the products of their skill throughout Germany.
I remain, &c.,