The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-02
TRADEMARKS =.

The trainers Of the federal Constitution
showed wonderful foresight in some re-
spects, but they could not foresee every
thing. They provided for the issuing of
patents to the future inventors of the new
republic, and of copyrights to its future
authors, but they made no provision for
trademarks. The Constitution gives Con-
gress power to promote the progress of
science and useful arts by securing for
limited terms to inventors the exclusive
right to their discoveries" Under this pro-
vision the first Congress elected under the
Constitution passed a patent law. and the
country has never been without one since.
Our patent system is one of the most ex-
tensive in the would.
Trademarks are closely allied to patents.
being sort of individual grant and con-
stituting a quasi monopoly for a fixed
term. trademark is the name, symbol,
form or device used by a manufacturer or
merchant to distinguish the merchandise
which he produces or sells from that of
others in order that such merchandise may
be known as his and that he may secure
the profits arising from its real or alleged
superiority. trademarks were recognized
| at common law a long time before there
was any legislation on the subject and
there is an immense number of common
law trademarks now in use which are not
registered at Washington. 1t is estimated
that there are in active use in the United
States over million and a half trade
marks and trade names. OF which less than
81, ZOO, or about 21s per cent, are registered
at Washington. The right to the owner
ship of a trademark is common law right
and is acquired by priority Of use. Regis
tration, however, enables the owner OF a
as 20 the time of its use by him, and is
a protection in many ways. The first law
on the subject in this country was passed
in 1870. and the present system dates from
that time. Any manufacturer or merchant
may obtain trademark for any article on
complying with the conditions of the law
and, when issued, the trademark becomes
his exclusive property and may be defended
at law against appropriation, imitation or
| infringement the same as a patent. The
courts will grant injunction on the ap-
| plication of any owner OF a trademark to
prevent another person from using or imi-
| tating IT, and if the original owner has
been injured he may recover damages \
| trademark must be an original device, as
| simple or elaborate as one chooses to make
it, and is registered and issued by the
/ Patent Office on formal application there
for. accompanied by copy OF the device
and payment of a fee OF SIS. They run for
| thirty years. The law says: mo alleged
| trademark shall be issued which is identical
with a registered or known trademark
owned by another. and appropriate to the
same class of merchandise, or which so
nearly resembles some other persons trade
mark TO be likely 10 cause confusion or
mistake In the mind of the public, or TO
/ deceive purchasers"
| This information is OF practical interest
/ because much confusion prevails now in
/ business circles owing 10 the prevalence of
/ two kinds OF trademarks. statutory and
common law. registered and unregistered.
/ There is also a demand for better regula-
J lions and protection under the registry sys-