The New York herald., 1878-12-03
BRITISH TRADE MARKS.
THEIR rNyAIIDIrY As DECIDED BY THE PATENT
OFFICE HOW ENGLISH MERCHANTS IN AMERICA
APE sFEEt,TED

THEIR INyALIDITY AS DECIDED By THE PATENT
OFFICE HOW ENGLISH MERCHANTS IN AMERICA
ARE AFFECTED.
lBY TELEGRAPH TO THE HERALD.1
WAsHISGroN, d. c.. Dec 2. 1873
The first British trade mark case under the late
treaty between the governments OF Great Britain and
the United States disposed Of to-day at
the Patent Office, and 1t Possesses very con-
siderable importance to foreign companies firms
and individuals doing business in this country
under what they fancy exclusive privileges from
the fact that the decision therein recognizes the
validity OF all trade marks heretofore registered in the
United States Patent Office by British subjects
This decision directly affects something like three
hundred British subjects engaged in selling
goods in American markets. though it is not thought
that any large interests win be sacrificed if the parties
interested take the proper steps protect themselves
RELATIONS OF THE TWO GOVERNMENTS.
The relations that have existed between the gov
erninents OF Great Britain and the United States
with reference to the registration and protec-
tion OF works of trade and manufacture re-
veal most singular degree Of carelessness
upon the part of both the English dealers and
manufacturers and the American patent officials
English trade marks have been registered at Wash
ington for many years under the following section Of
the Revised Statutes. authorizing reciprocal privileges
to citizens OF other countries wherein American vit
zens We're granted the right Of registration
Amy person firm domicied in the United states and
sny corporation sfesea ey The authority Of the United
Arm resdent located in any forrisn
ws ~ sS % gr AFFORDS
,ea 60 the exclusive use Of any lawful Trademark or who
Within Tie United states RAY ohsa protection for such
lawful trademark by complying with the following require
III 1876 Secretary Chandler. at the suggestion
OF Commissioner Duell, and with the advice
OF the head OF the Department of State,
decided that the treaty of 1894 between
the United States and Great Britain under the pro-
visions of which the American patent officials had
been registering British trade marks did not war
rant such registry before it's abrogation which
took place long ago, and that further privileges
OF that character could be granted British subjects
until treaty entered into authorizing it. Thus
for more than two years these privileges have been
withheld. ii not they granted in violation Of
the ruling of the head of the department.
REMEDIAL TREATY.
Meantime convention entered into to meet
the exigency. aud the resulting treaty which was
promulgated by the President last July. qnes-
ton Immediately arose to the validity
Of the British trade symbols registered pre- pre-
vious to Mr. Chambers decision, and that
question has remained undecided up to to day when
areregistiation of tho mark Of George westenholm
Son. the well known sheffield cutlery frm. al
lowed thereby recognizing the former insufiiccncy
of all others ut its class. The Patent
aes s best ss Il hsss ss oS By to make a
such marks without further fees under the heading
of Office errors
etttAsa NEGLECT CONGRESS-. tsat
IL is fair to- say however, that the attention of
Congress has been repeatedly called to the absence
Of legislation and treaty provisions on the
subject. and that no action has been taken
to relieve the officials from the dilemma
in which the practise Of former administrations on
the hand and the absence OF Legitimate authority
upon the other, placed Them No provision il
made in the treaty respecting the symbols
and devices heretofore registered. II says simply:
The subjects citizens If ,racting parties
shall have IN the omnons and possessions of the other the
same rights ms belong 10 native subjects citizens
granted hereafter be granted the subjects
ing to property in trade marks and trade labels. sf
It is understood that any person who desires to OBJ
tain the aforesaid protection must fulfil the formali
ties required by the laws of the respective countries
CONFLICTING DECISIONS.
It ia interesting to add in this connection that
Judge Dyer has decided trademarks to be unconsti-
tutonal while Judge Swing. Of the United States
Court for the Southern district of Ohio, has
decided just the contrary. The former de-
cision rendered in issue made mp under
the constitutional provision guaranteeing to authors
and inventors for limited time the ex
elusive right to their writings and discoveries.
similar issue, in somewhat varied form, is
now pending before Judge Benedict, Of the
Southern New York District Court, These conflict
ing decisions will probably lead eventually to the
placing OF construction upon the language of the
constitution and the trademark Legislation OF Con-
gress by the Supreme Court.