2 1 under the Act of February 20, 1905, or the Act of March 2 19, 1920, but it shall be considered compliance with the 3 requirements of this Act if instead of a registered trade 4 mark there be affixed to each container or package a notice 5 of an application to register a trade mark that has been filed in the United States Patent Office within thirty days 6 7 8 of the passage of this Act or within thirty days of the adop tion and use of the trade mark in interstate commerce: Pro9 vided, however, That any trade mark the registration of 10 which has been finally refused shall not be affixed to any 11 container or package of drugs transported, shipped, or sold in interstate commerce. 12 13 14 15 16 SEC. 2. The introduction into any State or Territory or possession of the United States or the District of Columbia from any other State or Territory or possession of the United States or the District of Columbia or from any 17 foreign country or shipment to any foreign country of any article of simple or combined drugs within a container or 19 package unless the label specified by section 1 of this Act is affixed thereto is hereby prohibited; and any person or 18 20 21 persons, real or corporate, who shall ship or deliver for 22 shipment from any State or Territory or possession of the United States or the District of Columbia to any other State or Territory or possession of the United States or the 23 24 25 District of Columbia or to a foreign country or who shall 3 1 2 3 receive in any State or Territory or possession of the United States or the District of Columbia from any other State or Territory or the District of Columbia or from any foreign 4 country, and having received such article of simple or com 5 6 7 8 9 10 11 12 13 15 bined drugs, deliver such article in original, unbroken con tainers or packages for pay or otherwise, or offer to deliver to any other person or persons, real or corporate, any such articles without such label affixed thereto, or any person or persons, real or corporate, who shall sell or offer for sale in the District of Columbia or the Territories or possessions of the United States any such drugs without such label affixed to the container or package thereof, or export or offer to export the same to any foreign country shall be 14 guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than $50 nor more than 16 $200 for the first offense, and for each subsequent violation 17 of this Act shall be subject to a fine of not less than $100 nor more than $300, or by imprisonment of not less than three months nor more than one year, or both such fine and 20 imprisonment. 18 19 21 SEC. 3. Applications for registration of trade marks 22 concerning the articles specified in this Act shall be kept 23 on file in the United States Patent Office, where they shall 24 be convenient for inspection by the public during such hours 4 1 and under such regulations as the Commissioner of Patents 2 may establish from time to time. 3 SEC. 4. Trade marks used on the drugs and the con4 tainers and packages thereof as set forth in this Act which 5 have been in bona fide use by the proprietor thereof for not less than one month in interstate or foreign commerce or 7 commerce with the Indian tribes by the proprietor thereof 8 may be registered under the Act of March 19, 1920, not9 withstanding the requirement for use of not less than one 10 year in section 1 (b) of said Act, provided said trade marks 11 in all other respects are registrable under that Act. 12 SEC. 5. Every application for registration of a trade 13 mark for any drugs as provided in this Act or for the labels 14 affixed to such drugs shall be accompanied by a statement 15 from the Food and Drug Administration of the Department 16 of Agriculture that the statement of ingredients, properties, 17 proportions, and composition on the label affixed to the 18 individual container or package complies with the Pure 19 Food and Drug Act of June 30, 1906, as amended. 20 22 SEC. 6. The term "drug" as used in this Act shall 21 include all medicines and preparations recognized in the United States Pharmacopeia or National Formulary for 23 internal or external use and any substance or mixture of 24 substances or combination of substances intended to be used 25 for the cure or mitigation or prevention of disease of every 1 5 man or other animals, and all cosmetics, beverages, anti 2 septics, and teeth-cleansing preparations. 3 4 5 (d) The term "label" shall include any printed matter or other device designed to be affixed by any means or in any manner whatsoever to any bottle, package, box, or 6 other container or wrapping for the purpose of designating 7 8 the producer, manufacturer, packer, owner, or seller of the contents thereof. |