Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-10-31
SELECTION OF TRADEMARKS
Commissioner Duells Interesting Remarks
on the Subject.

At the afternoon session of the interna-
tional commercial congress at Philadelphia
Mr. Charles H. Duell. commissioner of pat
ents, delivered an interesting address on
the subject of trademarks.
Mr. Duell said The subject under dis
cussion today is an important one. not only
far as it relates to domestic trade and
commerce. but 1t is Of even more import
ance in it's bearing upon foreign COM
merce which is the subject we are all
most interested in at the present time. The
manufacturers and merchants of this coun-
try must find an output for their products
in the markets of the world, and that they
are beginning to realize this is clearly
shown by the statistics in reference to the
export of manufactures Nine months of
the present calendar year show that such
exports amounted to very nearly 100000
900 against nearly $3.50, Uoo, 900 in the nine
months of 1898. These exports form over
II per cent of our total exports as against
less than p per cent for the corresponding
months of 1898. Anything, therefore,
which adds to our power to hold and in
crease this remarkable showing is Of the
utmost Importance.
In the first place, to secure a large for
eign trade we must manufacture the goods
that foreign nations demand. They must
be uneXcelled in the material of which they
are made and in the manner of making
and packing them When the trade is once
tinuing to send a grade of goods equally as
good as those first sent How important is
1t then that the exporter, in sending for
ward his goods, should have them so
marked and distinguished that when the
mark becomes known no one can palm off
an inferior grade of goods as the product
or the one who has established the bust
ness. 1t becomes essential therefore, that
exporters should adopt and use trade
marks.
An Old Commercial Custom.
From the earliest days of recorded his
tory it has been the custom of men to in
dictate their proprietary rights in all kinds
of movable property by the use of dndivid-
ual brands, marks and other insignia of
ownership AS trade and commerce ex-
tended and ceased to be local it became
more important for the manufacturer and
merchant to distinguish their goods from
those of others. At first, signs and SYM
bols, such as representations of animals,
stars. shields, crescents and the like, We're
employed. AS man assembled in the scale
and education became more dinused, coined
words were employed, but, whatever the
mark selected. 1t should be one which is a
lawful trademark, the right to which can
be maintained against any and everybody.
The exclusive right to property in trade
marks has been recognized by all civilized
countries for many years, and as the i'm
portance and necessity for preserving proof
more important, statutory provisions for
the registry of such marks have been en-
acted by most of the countries of the
world. The first national trademark law
IN the United States was adopted in 1870.
That act was declared unconstitutional by
the Supreme Court. Up to that time some
5000 trademarks had been registered in the
United States patent office. In 1881 new
trademark law was enacted under which
nearly $4,000 marks have already been reg
istered. That the present law needs amend
ment is universally admitted, but l will
leave for others the discussion of the ques-
ton as to how the law should be amended.
Notwithstanding the large number of
marks that have been registered in the
patent office, thousands of alleged trade
marks presented for registration have been
refused because they did not disclose mat
ter that was susceptible of exclusive APP
preparation and this leads me to the point
to which | desire most earnestly to call
your attention. The advice will consist
gely Of "dOnts, although it will not be
as sweepingly used as Punchs advice to
the young man about to marry.
Do adopt and use trademarks, not only
for your domestic but for your foreign
trade. When you select a mark be very
careful that it is a lawful trademark, and
one to which your right is undeniable.
Thing. to BE Avoided.
Don't adopt your own name as a sole
mark for your manufactures. Every man
undenably has right to use his own name
upon his own goods to indicate their origin
and ownership and as a guarantee of their
quality and character. This right is COM
mon to all men, and, therefore If there are
twenty men by the name Of John Adams
each one of the twenty has as good a right
as any of the others. True he cannot use
his name in an unlawful manner and from
such use he will be enjoined, but a mark
which consists merely Of the name of the
a weak
which to rely.
Don't adopt geographical term. The
supreme Court of the United States has
repeatedly held that no one can exclusively
appropriate to his own benefit a geographic
cal term so as to prevent others inhabiting
the same or similar territory from dealing
IN similar articles. 1t is true that the de-
cisions of the courts have not been uniform
on this subject, but in every case with pos
sIbly one of two exceptions where the ex-
elusive right to use geographical term has
been sustained some peculiar facts have led
to the decision. If you wish to keen ont of
litigation don't select a geographical term
for your trademark.
Don't adopt a descriptive word or name
1t has been held by the courts times with
out number that words or names simply
indicating the quality or ingredients of the
articles cannot be appropriated so as to
prevent others from employing the same
words upon the same articles
DON'T adopt word expressing quality
grade or peculiar excellence. No man has
the exclusive right TO use any word or
symbol which merely indicates the excel
lence of his article. No more has he the
right TO exclusively appropriate for his
products marks, letters, numbers or words
which actually indicate the grade of the ar
tlcle While l cannot say don't adopt a
suggestive word for such a word will gen.
orally be sustained by the courts) the
greatest care should be used or YOU will
enrich some member Of my profession.
Easy to Select Proper Device.
1t is so easy to select a device or symbol
or to coin a word that there is no reason
why a manufacturer or merchant should
select as his mark anything which is not
a lawful trademark or which is on the
border line, and will in all probability
ultimately land him in the courts SO many
alleged trademarks are presented at the
patent office for registry, and those not
being lawful trademarks have to be re-
jected, that l have felt impelIed to make
use of this opportunity to utter this note
of warning.
Through our labor-saving inventions we
are able to produce manufactured articles
as cheaply as they are produced in MANY
other countries where wages are much
lower. If, then, our manufacturers send