New-York tribune., 1901-08-27
NEED OF TRADEMARK PROTECTION
PRESENT CONDITIONS MENACE TO TRADE
LEGISLATION REQUIRED.

LEGISLATION REQUIRED.
To the Editor of The Tribune
Sir: The protection OF his trademark or label is
most vital question to the manufacturer. me
United States Government maintains a Trademark
Bureau Washington as branch OF the Patent
Once for the registration of trademarks and la
bells under the act OF March g. 1881. which pro-
vides that owners OF trademarks used in COM
merce with foreign nations or with the Indian
tribes" may obtain registration Of such trade
marks by fling n descriptive statement, with rae
SMILES etc. and paying into the Treasury OF the
United States the sum of s25. accompanied by the
declaration that the party fling the application Tor
registration has a right 10 the Of the trade
mark therein described. The applicant having COM
piled with these formalities. IT is the duty OF the
Commissioner Of Patents make a search OF his
records to determine whether the trademark Is
entitled to registrations. e.. whether the same
trademark, one closely resembling it. has been
already registered by another person. The law
distinctly says: NO alleged trademark shall be
registered which is Identical with regis
tered or known trademark owned by another, ana
appropriate 10 the same class of merchandise OF
which nearly resembles some other persons
trademark TO be likely TO confusion or
mistake in the mind of the public to deceive
purchasers Thus the Commissioner Of Patents
is distinctly forbidden to issue certificate OF
registration for trademark which Is already
registered. or which is Identical with one already
registered.
The issue of two or more certificates Of regstra-
ton to different persons for the same or similar
trademarks is a menace to the merchant WHO
imagnes that the possession OF certificate slsieu
by the Commissioner of Patents makes him secure
in his exclusive right TO that trademark or LABEL
The force in the Trademark Bureau at Wash'hS-
ton comprises large corps of clerks. On Aususl
g. 1901, there registered at the bureau So,o''
trademarks. With a comparatively limited number
OF papers TO file and classify and keep In proper
order, and with an ample force to do the work 1t
is apparent that only the grossest carelessnesS VI
Indifference or both. could be responsible for such
duplication of trademarks as has frequently oc
CURED.
It is estimated that there are active use in the
United States over million and half TRADEMARKS
and trade names. OF this number less than thirty
thousand. or about PA per cent. are regis
tered at Washington A committee appointed oy
Congress several years ago made attempt 10
prepare a bill which would provide remedy TOT
the present condition of affairs, and at the same
time stand the test of constitutionality; and It's
ideas embodied in the Pritchard bill. whlch
reported 10 the last Congress, but was NOT
brought vote. II Is believed that, even should
this bill become law, it would be declared by the
Supreme Court of the United States to be uneoh- h
stitutonal the ground that the protection WHICH
it would assume to afford is not equitably dis
tributed.
.I on ii1rau ~ "a o The right
to the ownership OF trademark is common law
right and is acquired by priority OF use Reg5tra,
trademark to obtain evidence as TO the time of it's
use by him, in the event of contest by him ana
mark o and il also is supposed TO prevent others
from adopting or registering similar marks or
labels. ,,...
which will protect their trade and the marks
and signs under which their goods sold. Boards
of trade and commercial bodies all the country
have repeatedly petitioned Congress for relief from
the intolerable conditions which prevail. but
without a constitutional amendment Congress Is
powerless. The law of 1881 purports to give some
protection II actually does nothing of the Kind
Cnder its provisions the department at Washing
ton furnishes certificate of regstration-nothi
10 the trademark; it only establishes the fact that
he claims such right In case of an infringement
the owner must justify his claim by precisely the
same proof if his trademark were not registered
In Is the duty of the Commissioner of Patents TO
ADOPT such regulations for the conduct OF the