811.015251/20
The Secretary of State to the Chargé in France ( Armour )
Sir: The Department has received a letter from the Department of Commerce, a copy of which is enclosed herewith,44 regarding a trademark No. 148177, bearing the American flag, which was published in the Official Bulletin of the French Trade-Mark Office on May 23, 1929.
The registration of this trademark would appear to be in conflict with the provisions of the Convention for the Protection of Industrial Property, signed at Washington on June 2, 1911. Article 6 of this Convention states that trademarks may be refused or invalidated which are contrary to the public order. Article 6 of this Convention provides:
“It is understood that the use of badges, insignia or public decorations which shall not have been authorized by competent powers, or the use of official signs and stamps of control and of guaranty adopted, by a unionist country, may be considered as contrary to public order in the sense of No. 3 of Article 6”.
Since this Government has not authorized the use of the American flag in connection with this trademark, you are instructed to communicate with the Foreign Office in the sense of the foregoing and request that steps be taken to invalidate trademark No. 148177 issued to the Société Industrie et Commerce du Fruit Conservé par le Sucre.
I am [etc.]
- Not printed.↩