The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-15
QUEER TRADE MARKS
UNCLE SAM HAS REGISTERED 10000
OF THESE OFFICIAL DESIGNS.
Grounds Upon which Registration
May BE Refused-Novel Designs
and Newly Coined Words.

spects are both odd and interesting. The
trade marks themselves are curiosities. and
not few of them freaks. for a device of
this kind is more valuable if absurd than IL
sensible.
The newer an invention the more valuable
it is. If it has been in public use for SO
short a time as two years it cannot be
patented. With a trade mark the case is
exactly opposite; it's worth grows steadily
with age 1t represents business or a
marketable article, with the growth or sale
of which 1t obtains value progressively. 1t
is the symbol of trade. When one buys
cigar he looks on the box not for the name
of the manufacturer. but for the trade
mark. If the cigar does not correspond to
the trade mark you are annoyed and the
maker of the cigar to which that trade
mark properly belongs is injured.
1t is the same way with any other sort of
goods. You pick up a newspaper, and you
find the advertising columns full of trade
marks. Here is the Diana flour, pure as
the virgin snow. Your wife never buys any
other brand. She doesn't even know the
name of the manufacturer. The same re-
mark applies to "Hygeia'' hams. The trade
mark is the business; an infringement is
robbery. Accordingly. the law protects it,.
Great fortunes frequently at stake in
suits that have to do with these trade en-
blems.
Anybody may get a trade mark for moth
ing. He has only to adopt it, and 1t be-
comes his exclusive properly, so long as no
bouy has taken it previously for designat-
ing goods of the same sort. Furthermore,
the law VIII defend him in this right. But,
mark regis. ered-that is to say put on rec
ord at the Patent Office. The SO paid for
the privilege of suing in the United States
courts in case of infringement The prac-
tice of those courts in such matters Is set
tied so that justice is pretty sure to be done.
Otherwise he would be obliged to go to
the State courts where the outcome of legal
f ful 0n 'nese s'ounus Is more oou"'-
There is another good reason for regis
tering. trade mark. The word "regis-
tered appears to signify that the owner is
disposed to defend his property. and thus it
is apt to scare off persons who might be
for thirty years and may be renewed in
definitely. But an unregistered trade mark
die. unless the business which it represents
goes out of existence. 1t is common law
fS ana from o hand to hand
trade mark is that It may possess con-
siderable value, though the article tor which
it stands be utterly worthless.
PURPOSE OF A TRADE MARK
The purpose of trade mark is to identify
origin and ownership. 1t ought to denote
nothing else. Under the regulations it must
not be descriptive of the ingredients of
which an article is composed, or in any
other way. On that ground the Patent Of
flee has refused to register the name Fruit
Butter a trade mark 1t has likewise
ruled against Egg Macaroni' as being de-
scriptive or calculated to deceive Here was
a case where the name signified that certain
materials were used in making the food
Ii those materials were not so used people
would be misled. If they were actually en-
ployed the term Objectionable on the
err,nr IT,.
have been made against Snow White
for -four Think Back for saws, and
Gold Prize has been ruled out as either
descriptive or deceptive. If no gold prize
was given 70 the article the purchaser
that of the legend, There's money in it,
on soap boxes. Registration for this also was
refused 1t was decided by. a recent com
missioner of patents that the word "stylo-
graphic. being generic for pens could not
adapted for stylographic pens. other adj
verse rulings have been made respecting
SHAKE blown into bottles and Burglar
cause the trade mark ~ and " had been
previously registered in the class of drink
Colorow' was not allowed as trade mark
for pickles. because it is provincial Spanish
People often try to secure the registra-
ton or trade marks which embody ngures
is severely frowned upon by the Patent OF
flee. For example, not long ago a design
OF this sort submitted included representa-
rejected as offensive. Acting in spirit Of
broad Catholicity. this ruling is not applied
merely to matters having to do with Chris
ture of a Chinese god. The red Greek cross
is objected TO also, though other grounds.
1t will not stand trade mark for any
article that might serve to supply invalid
soldiers. The reason for this is quite OBJ
Society, an international organization. Its
use as a trade mark on certain classes of
goods goods might Lead people to imagine that
featured by the society.
Favorite designs for trade marks fig
ures representing Hercules, Atlas support
ing the world, Indian alchemist,
saint and Good Samaritan. The star and
gether The a owi i found in variety Of
classes of marketable articles, being very
old in the tobacco trade. The. eros IS con-
An odd emblem is railway train, for FIX
press Ointment" Another is bottle shaped
anotbsr for anu nils Is p''s con.
ventionalized Roman candle shooting its
PaI the ba latter being ode idrmea non
sensical design, the better II serves for a
trade mark
Any mans signature VIII do for a trade
mark. A word from the directory will serve
the same purpose. likewise the name of
a god or goddess of mythology. Eureka"
body has previously registered the same
word or name in the same class OF goods.
registered the name "Hyge.a' for his pills.
Smith must select some other designation
for his pellets of health. Objection is
raised against geographical names, but rul-
ings On this point have been somewhat
contradictory. while ago the word
Concord was submitted, and the anpli-
cation refused Gin appeal to the Commits
s.oner of Patents 1T was successfully argued
that concord was recognized in the Eng
lish language as having meaning entirely
apart from its geographical Significance
So it went through, On the strength of
this precedent Atlanta was admitted the
contention being that the word was his
toricaIly derived from period far more
remote than the founding of the capital city
of Georgia
ADVERTISING USES
However. it is not necessary that a word
should be accepted by photographers I'm
order that 1t may serve for a trademark
People engaged in introducing new articles
to the market commonly coin words to ut
their purposes This they 10 very often
BY adding the examinations s.in.'. cine, .
and "tine''-as sLimins's .Absorbtine'
"Epidermaline." and : vulnerine' One pur-
pose OF the trademark and a very i'm
porfaut purpose incidental to advertisement
II to attract attention. Society Polish il
urSf-rate name Tor d leather dressing
Tor 1u4f0uCG. IT has 60ubfe 1xr<17,