New-York tribune., 1901-02-02
MR.. KLPLLNG'S TRADEMARK.
AN ELEPHANTS HEAD AND ITS STAND
ING IN LAW.

/ Mr. Rudyard Kipling. of rockingham, Eng
! land-so he officially describes himself-is now
sole proprietor Of the elephants head in all
attitudes and expressions, a trademark for
his merchandise. on January IL the United
States Commissioner Of Patents issued a state
ment Of the filing of such trademark and of its
registration 1t is Trade Mark No. 3j7I0 and
MI. Kipling's application for it was filed on
December Il. Accompanying il is a sheet with
diagrams of different elephantine expressions.
There is the jubilant elephant. with trunk
swung aloft as in a hurrah at the autograph.
placed next 10 il, of Rudyard Kpng, sole in
terpretar. eXpounder and proprietor Of elephants.
There is the weeping elephant, with tears from
his eyes moistening the lotus flower daintily
dangling from his trunk. sorrowing at the
wicked perversity of impotent rival claimants
to elephantine knowledge and favor Finally.
there IS the shrewd and cynical elephant. with
small eye twinkling at the mystic Svastka and
anticipating rout and discontinue for all who
would seek TO violate the provisions Of act
Of Congress approved March 3 1851 entitled
An Act TO authorize the registration Of trade
marks and protect the same" The illustra-
tions though small. admirable in vigor Of
line and concentration Of expression. Patent
Office documents seldom offer the amateur Of
and the lover Of literature 50 much unal-
loyed pleasure.
Mr.. Kipling's application is in his well known
energetic style. free of all unnecessary orna-
ment getting straight 20 the pith Of the matter
and calling. in accordance with his lifelong
habit. a spade spade. It seems reasonably
certain TO be included in all future collected edi-
tions Of his works In It he says
My trademark consists of the representation
Of an elephants head This has generally been
arranged shown in the accompanying fac
SMILES. which represent the head OF an elephant
with different expressions and in different posi-
tions I have sometimes used H. as shown
accompanied by a reproduction Of my autograph
sometimes without my autograph and having a
lotus flower held by the trunk and also inclosed
I'm a circular design and with a representation
Of the Svastika. but the style Of the surroundings
and accompanments IS unimportan;, and these
may all be omitted or changed AZ pleasure with
out materially affecting the character Of my
trademark. the essential feature Of which IS the
representation or picture OF an elephants head.
This trademark have used continuously in
my business since the month ~ December, IN
the year 1855,
Few Will require 10 be informed what that
business IS or in what class Of merchandise Mr..
Klplng deals. In legal documents. however.
nothing can be taken for granted We read,
therefore, in Mr.. KiplinG's words:
The class Of merchandise 10 which this trade
mark is appropriated is publications. and the
particular description Of goods comprised in said
class upon which use ii is books and editions
Of books which arrange and prepare for pubIi-
cation under my personal supervision. and which
contain my own writings.
Mr.. Kipling has been recognized as no ordi-
nary man. and his merchandise as of no ordi-
nary sort. When IL comes TO a question OF
trademarks however. conventionality. the law
and other things seem TO pin him down 10 ordl-
nary methods, for he says:
II is my practice 10 apply my trademark to
the covers Of such books and 10 the title pages
n the same. and 70 use II in connection with
advertising media in the ordinary manner
There is also a declaration attached to this
document in which the large business in Mr.
Kipling's goods Is hinted at. for he says that his
trademark is used by him ''in commerce between
the United States and foreign nations or Indian
tribes, and particularly with the Dominion of
Canada" The Indian tribes referred 10 appear
70 be North American Indians and not the
Indians among whom Mr.. KipIing was brought
up and who have furnished him with so much
that he has utilized in his business. II seems
probable, however. that they must be the civil
lzed Indian tribes of the Indian Territory
rather than the blanket Indians of the reserya-
lions; for the style Of Mr.. Kiplings goods as
well as the method Of their packing implies
intelligence and discretion in their use II may
he doubted II q blanket Indian could ever be
brought to appreciate a Svastika.