Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-17
TRADE MARKS IN GERMANY
WHY THEY SHOULD BE PROMPTLY
REGISTERED BY FOREIGNERS.
Manufacturers May Be Compelled to
Buy the Use of Their Own.
Property.

Some months ago the State Department
received a report from the American consul
late at Berlin. Germany, calling the atten-
ton of American exporters of manufac-
tured goods to the complications which
were apt to arise through the registration
and usurpa tion~.of their trade marks In
Germany by unauthorized persons or firms.
The report, having been published and
copied in Germany, was attacked by lead
ing Berlin newspaper on the incorrectly as
sumed ground that the report had stated
that Americans were unduly Disseminated
against by the trade mark statute.
Consul General Mason now furnishes the
department with a supplementary report
expIaininS that his former statements
sought To point out the consequent danger
which American or any other manufactu-
rers, alien native, NIGH. incur by selling
in Germany goods designated by trade
mark not legally registered In that coun-
try. This danger would apply more pardc-
uIarly to foreigners, who might naturally
be ignorant OF the ease win which any
trade mark not already protected in Ger
many might be registered and thereby
usurped Dy an Unauthorized person under
the provisions Of the German law. AS has
been stated, the sole essential condition re-
quire.A TO register trade mark in Germany
is the tact of It's not having been previous
ly registered in the empire.
Two Instances Noted.
The consul general recites two recent oc-
currences which fully illustrate the point in
question. For several years past New
York manufacturing company has been SELL
Ing to the German trade a polishing paste
for leather each box being marked with Its
duly registered American trade MARIA
griffin with the body of lion ana the
head and wings of an eagle. Inc agents OF
the firm III hamburg neglected to register
thn trad dc n.
maker of yarnishes and similar goods IN
Berlin did IN his own name In ApIli
last they warned the American hrm mat
they must not handle or sell any more
goods bearing the griffin" trade mark In
Germany without first purchasing the right
to do so. The American manufacturers, not
choosing to submit to what they conSiuereo
q species Of blackmail, sought to avoid
further complications by devising a new
trade mark for their goods Intended for
Germany. The picture of the animal was
omitted and the, word grimm retained.
Thereupon the Berlin claimant returned TO
the attack, claiming exclusive legal right
to the word griffin" and threatening pro
ceedings if any further goods were sold
under that title.
In another instance merchant IN berlln
who had several years ago imported, ad-
yertised and introduced certain Ameri-
can fruit syrup found that it was being
imported and sold by other dealers and
sought to obtain from the makers the ex-
elusive ndnuiliB % lirStr "a 'ti1
trade in this country. This being refused
he had the special names OF the syrup regis
tered as a trade mark under the German
law, and sought thereby to enforce his
claim to exclusive control Of its sale to
dealers in Germany, or, falling In THIS to
compel the American manufacturers TO
purchase his claim to their trade mark. He
felt justified in doing that as he had been
instrumental in introducing their products
in what had proven profitable and per-
manent market.
All these complications may be avoided,
says Mr. Mason, if Americans OF other ex-
porters who seek to introduce into Ger
many goods protected at home by trade
mark will request their agents in the en-
pire to first register; such trade mark at
Berlin. The intent of the German statute,
says the consul general, is to treat all COM
ers with fairness and equity