The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1894-01-03
Palm erto Trsds Mark

WASHINGTON, Dec. 2S.-Ihc appeal
brief of the Commissioner Of Patents in
the case of the application Of the State
OF South Carolina for the use OF the word
Palmetto" as a trade mark f>r dlspen-
sary whiskey IS ready to be filed. The
document covers fortY printed pages and
is an able presentation OF the govern.
ment's side Of the case. TIE Supreme
Court OF The District OF Columbia issued
q mandemus commanding TIE Comm;s-
sioner Of Patents to issue The trade marx
pe,iticned for by the State Of South
Carolina, or III case be was IN default 10
appear before the court and show cause
why he refused to do go.
The appeal SETS cut three causes Of
error. Two alleged errors by The Su-
preme Court o! the District in taking
jurisdiction CT the case, because CD she
duties Of the Commissioner of Patents
in the matter Of the application Tor t4e
registration of alleged trade mark are
Discretionary and Tot ministerial, and
(2) because the Commissioner had de-
c!ded the p-esumpiive lavtulness CT the
lator's claim adversely, without fraud
or abuse of his authority. The court in
also Eetd to err 10 finding from me Com
missioner's answer to the petition as q
fact that tie relator was law ullg en-
gagged in a foreign trade IL the sale OF
liquor.
After al exhaustive discussion OF tue
case, the brief continues as follows:
s.The theory that there is &c power IN
der the trade mark law to prevent al
applicant from swearing his application
through to registration over every OBJ
stacle of ownership or validity OF the
ALLEGED trade mark, OF It's lawful use,
seems to be so unjust to the public as t.
be inadmissible. The Commissioner
cannot believe It to have peeu the intea-
ton OF Congress, nor so expressed in
the letter or spirit Of tie trade mark
law that certificates Of registration
should be issued in deiance Of notorious
facts, proving the applicant TO be act
ing not within the scope OF his powers,
or proving him not to be the onwer Of
a trade mark. The Commissioner can
not believe that the law equlres bin t'
issued void certificates Of registration IL
order to have the courts declare them
void pro forna. The allowance Of Ger.
tiicate under such circumstances seema
to be wholly irreconciiable with the
mandatory requirements of the trade
merk law.
:As the Commissioner reads the stat
utes creating his Office and defining bis
duties as to trade marks, it seems t
him that these positive words require
him 10 decide the presumptive lawful
ness OF tbs claim Of the State Of South
Carolina to the alleged trade mark Pal
metto.' It is strange theory and con-
struction of the law, he says, to rec Gulrs
him to issue a certificate establishing
prlna facle ownership of trade marx
and guaranteeing protection Of the mari
ppoa state OF facts which when made
apparent to court Of law or equity
would compel the court to pronounce
the certificate utterly void. 1t is sait
that the law never exacts vain things t
be done, but to command the Commls-
siouer of Patents to issue worthless
and void certificate IN this case woulc
be worse than vain. It would be to d.
rect that Benjamin Il. Tillman shoult
be armed with a. warrant in the nam'
and under the seal of he United States
to 20 into all the Federal courts IN t.
land and hunt down .and criminal.
prosecute his fellow citizens with op'
pressive, vexatlous litigation, in ordel
to carry out a dlspenssry law Of the Stat
| of Sonth Carolina -