Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-12-30
NOT TO BE GRANTED
OR LABELS BEAR
, ING THE PRESIDENTS NAME.
The Commissioners Of Patents Holds It
to b against Public Po1icy"-The
Roosevelt Rose" Decision.

The commissioner Of patents has rendered
a decision that hereafter no trademarks or
labels will be granted register in which the
name of the President Is used for advertis-
ing purposes. The commissioner holds that
at is against public policy for this office to
lend its sanction to the use Of the Presi-
dents name by granting registration there
for as a trademark without his express con-
sent"
This decision is blow to the manufacture
ing concerns throughout the country that
occasionally name cigar, a brand OF soap
or a tooth brush in honor of the President.
It is the opinion Of the officials Of the pat
ent office that in most instances Of this kind
the name is used for advertising purposes
only and that 1t is sometimes used Tor pur-
poses other than those which would reflect
credit on the President This opinion, how
ever, Is no reflection on the case at hand.
In this instance the patent office received
an application from the r. 1. Sherman Man
ufacturing Company to register a trade
mark bearing the name Of Roosevelt
Rose" The application does not say what
the name was to be used on; but 1t is
understood 1t was to be used on flower.
Under the classification OF articles in the
patent office flowers are classed under the
head of groceries. The application OF the
Sherman concern was forwarded to the ex-
aminer OF trademarks for report.
as follows:
"1st Where 1t appears that the word
Rose alone has been used as trademark
held that the words Roosevelt Rose will
be refused registration because they In
volve the use Of the Presidents name.
I'D. It Is against public policy for this
office to lend its sanction to the use OF the
Presidents name by granting registration
therefor as a trademark without his ex-
press consent"
An appeal was taken from the decision OF
the examiner Of trademarks and the COM
missioner sustained the decision, as fol-
This is an appeal from the action OF the
examiner of trademarks refusing to reg
lister the words Roosevelt Rose as a
trademark for certain named grocers' spe-
cialties.
at appears that the word Rose Is an
dcipated by prior registered trademarks,
but 1t Is contended by applicant that the
addition OF the word Roosevelt renders the
mark SO specific that there is no such SINH
laTity between the two marks as to cause
confusion or mistake in the mind OF tho
public This dissimilarity therefore must
be due to the employment of the word
Roosevelt and it is this word which
would distinguish applicants brand Of
alone Is applied.
at is well settled that living celebrity
is entitled to protection from the use OF his
name for purposes OF trade by others. and
name of the President Of the United States,
It IL against public policy tor this once TO
lend its sanction to the use OF the Prest-
dents name by granting registration there
for az q trade mark without his express
consent. The mere fact that It has been
applied to a particular rose Is not sufncient
to warrant the assumption that this con-
.,Fhe decision Of the examiner of trade
marks was correct. and 1t Is accordingly
affirmed"