May 29, 1941, effective July 1, 1941; 6 F.R. 27871

§ 5.41 Prohibited practices.

(e) Flags, seals, coats of arms, crests, and other insignia. Labels shall not contain, in the brand name or otherwise, any statement, design, device, or pictorial representation which the Deputy Commissioner finds relates to, or is capable of being construed as relating to, the armed forces of the United States, or the American flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any label contain any statement, design, device, or pictorial representation of or concerning any flag, seal, coat of arms, crest or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated. [As amended by T.D. 5051, June 5, 1941; 6 F.R. 2874]

(g) Flags, seals, coats of arms, crests, and other insignia. No advertisement shall contain any statement, design, device, or pictorial representation of or relating to, or capable of being construed as relating to the armed forces of the United States, or of the American flag, or of any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any advertisement contain any statement, device, design, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated. [As amended by T.D. 5051, June 5, 1941; 6 F.R. 2874]

PART 7-LABELING AND ADVERTISING OF MALT BEVERAGES

LABELING BEQUIREMENTS FOR MALT
BEVERAGES

$ 7.23 Brand names-(a) General. The product shall bear a brand name, except that if not sold under a brand name, then the name of the person required to appear on the brand label shall be deemed a brand name for the purpose of this part.

(b)

Misleading brand names. No label shall contain any brand name, which, standing alone, or in association with other printed or graphic matter, creates any impression or inference as to the age, origin, identity, or other characteristics of the product unless the Deputy Commissioner finds that such brand name, either when qualified by the word "brand" or when not so qualified, conveys no erroneous impressions as to the age, origin, identity, or other characteristics of the product.

(c) Trade name of foreign origin. This section shall not operate to prohibit the use by any person of any trade name or brand of foreign origin not effectively registered in the United States Patent Office on August 29, 1935, which has been used by such person or his predecessors in the United States for a period of at least five years immediately preceding August 29, 1935: Provided, That if such trade name or brand is used, the designation of the product shall be qualified by the name of the locality in the United States in which produced, and such qualification shall be in script, type, or printing as conspicuous as the trade name or brand. (R.S. 161, sec. 5 (e), 49 Stat. 982, sec. 2, 49 Stat. 982, sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat. 1965, 1966, I.R.C. 3170, 53 Stat. 373; 5 U.S.C. 22, 27 U.S.C. 205, 26 U.S.C. 3170) [As amended by T.D. 5051, June 5, 1941; 6 F.R. 2874]

§ 7.29 Prohibited practices.

(d) Flags, seals, coats of arms, crests, and other insignia. Labels shall not contain, in the brand name or otherwise, any statement, design, device, or pictorial representation which the Deputy Commissioner finds relates to, or is capable of being construed as relating to, the

armed forces of the United States, or the American flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any label contain any statement, design, device, or pictorial representation of or concerning any flag, seal, coat of arms, crest or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated. [As amended by T.D. 5051, June 5, 1941; 6 F.R. 2874]

ADVERTISING OF MALT BEVERAGES

§ 7.54 Prohibited statements.

(g) Flags, seals, coats of arms, crests, and other insignia. No advertisement shall contain any statement, design, de

vice, or pictorial representation of or relating to, or capable of being construed as relating to the armed forces of the United States, or of the American flag, or of any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any advertisement contain any statement, device, design, or pictorial representation of or concerning any flag, seal, coat of arms, crest, or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated. (R.S. 161, sec. 5 (e), 49 Stat. 982, sec. 2, 49 Stat. 1152, secs. 505, 506, 49 Stat. 1965, 1966, I.R.C. 3170, 53 Stat. 373; 5 U.S.C. 22, 27 U.S.C. 205, 26 U.S.C. 3170) [As amended by T.D. 5051, June 5, 1941; 6 F.R. 2874]

10.5

Incorporation of papers previously filed.

10.6 Necessity for further registration. 10.7 Cessation of activity.

SUPPLEMENTAL REGISTRATION STATEMENT 10.8 Information to be kept current. 10.9

Requirements for supplemental registration statement.

INSPECTION OF REGISTRATION STATEMENT 10.10 Public inspection.

AUTHORITY: §§ 10.1 to 10.10, inclusive, issued under sec. 3, 54 Stat. 1201; 18 U.S.C. 16. SOURCE: $ 10.1 to 10.10, inclusive, contained in Regulations, Attorney General, Jan. 10, 1941; 6 F.R. 369.

CROSS REFERENCE: For regulations under the Foreign Agents Registration Act, see 22 CFR, 1939 Supp., Part 24.

REGISTRATION STATEMENT

§ 10.1 Form of registration statement. Every organization required to submit a registration statement' to the Attorney General for filing in compliance with the terms of section 2 of the Act approved October 17, 1940, entitled, "An act to require the registration of certain organizations carrying on activities within the United States, and for other purposes" (54 Stat. 1201), and the rules and regulations issued pursuant thereto, shall submit such statement on such forms as are prescribed by the Attorney General. Every statement required to be

1 Filed as a part of the original document. Copies may be obtained from the Department of Justice.

filed with the Attorney General shall be subscribed under oath by all of the officers of the organization registering.

§ 10.2 Language of registration statement. Registration statements must be in English if possible. If in a foreign language they must be accompanied by an English translation certified under oath by the translator, before a notary public or other person authorized by law to administer oaths for general purposes as a true and adequate translation. The statements, with the exception of signature, must be typewritten if practicable but will be accepted if written legibly in ink.

§ 10.3 Effect of acceptance of registration statement. Acceptance by the Attorney General of a registration statement submitted for filing shall not necessarily signify a full compliance with the said Act on the part of the registrant, and such acceptance shall not preclude the Attorney General from seeking such additional information as he deems necessary under the requirements of the said Act, and shall not preclude prosecution as provided for in the said Act for a false statement of a material fact, or the wilful omission of a material fact required to be stated therein, or necessary to make the statements made not misleading.

§ 10.4 Date of filing. The date on which a registration statement properly executed is accepted by the Attorney General for filing shall be considered the date of the filing of such registration statement pursuant to the said Act. All statements must be filed not later than thirty days after January 15, 1941.

§ 10.5 Incorporation of papers previously filed. Papers and documents already filed with the Attorney General pursuant to the said Act and regulations issued pursuant thereto may be incor

porated by reference in any registration statement subsequently submitted to the Attorney General for filing, provided such papers and documents are adequately identified in the registration statement in which they are incorporated by referenee.

§ 10.6 Necessity for further registration. The filing of a registration statement with the Attorney General as required by the Act shall not operate to remove the necessity for filing a registration statement with the Secretary of State as required by the Act of June 8, 1938 (52 Stat. 631) entitled "An Act to require the registration of certain persons employed by agencies to disseminate propaganda in the United States and for other purposes," as amended by the Act approved August 7, 1939 (53 Stat. 1244; 22 U.S.C. 611-616) or for filing a notification statement with the Secretary of State as required by the Act of June 15, 1917 (40 Stat. 226; 22 U.S.C. 601).

$10.7 Cessation of activity. The chief officer or other officer of the registrant organization must notify the Attorney General promptly upon the cessation of the activity of the organization, its branches, chapters, or affiliates by virtue of which registration has been required pursuant to the Act.

SUPPLEMENTAL REGISTRATION STATEMENTS

§ 10.8 Information to be kept current. A supplemental statement must be filed with the Attorney General within thirty days after the expiration of each period of six months succeeding the original filing of a registration statement. Each supplemental statement must contain information and documents as may be necessary to make information and documents previously filed accurate and current with respect to the preceding six months' period.

§ 10.9 Requirements for supplemental registration statement. The rules and regulations in this part with respect to registration statements submitted to the Attorney General under section 2 of the said Act shall apply with equal force and effect to supplemental registration statements required thereunder to be filed with the Attorney General.

INSPECTION OF REGISTRATION STATEMENT

§ 10.10 Public inspection. Registration statements filed with the Attorney General pursuant to the said Act will be available for public inspection in the Department of Justice, Washington, D. C., during all business hours from 9 A. M. to 4:30 P. M. on each business day except Saturday, and from 9 A. M. to 1 P. M. on Saturdays.