New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-17
TRADEMARKS IN CUBA.
Easy for Persons to DepriUe O5Cnsrs
of Their Rights.

Havana Sept. Z (speciaD-J 3 Newman an
American business man here. informs The Tribune
correspondent OF the wholesale usUrpation il the
island OF copyrights and patents held in the United
States and By which several American concerns
have already been mulcted 81 many thousands OF
dollars
There are many cases Of piracy IN trade and
commercial marks going on In this island az pres
ent." said M Newman. and the worst of the
matter is that there Is remedy IN sight. unless
the owners ot American trademarks. as vel as
those OF other countries. proceed forthwith 70
register their marks in this island
The mistaken idea exists in the United States
that d trademark Of Acknowledged reputation ard
known for many years in the home country IS
necessarily protected IL Cuba Such Is rot the
case by any means. a trademark Of long stand
ing in the States may be pirated and registered
here BY any person having open establishment
wherein sell his goods. and nothing existing II
The laws OF the land take II away from him.
on the contrary he can prevent the rightful owner
thereof from selling his own goods in this market
under that particular brand I viii cite few
cases that come 10 ny memory at this moment,
70 show how easy il is fer inscriptions per-
son to appropriate any well known United astes
trademark not previously deposited with the Cuban
Patent Once.
IN the early days OF the American Intervention
the War Department az Washington published
Circulars Nos = and = whereby 10 al American
tra 1ernarks and patents was accorded protection
in This Island BY simply fling in Cuba a certified
copy Of the registration thereo: IN the Patent o.
fee a. Washington and the payment OF the CORE
spending fee which only amounted 70 81 The
American manufacturers and merchants apparently
did not avail themselves OF the opportunity 10 OBJ
tain protection on their wares al such a small
OUTLAY ina s-1uch as the Spanish merchauts-vho-
BY the way. are as wideawake as any similar class
Of people in any part o. the wOrld-started 20 aP-
rroprtzte 70 their own and personal ends
whatever trademarks they imagined would find
a ready market in this island.
Thus We have among others which cannot
recall al present. the case % patent medicine
well known in the States. Il appears that an Cd
scure druggist Il this city knowing tHe sIo- rs
se II 80 1bs-ai- re vial statistics show a
mortality Of about s. per cent from co1sul lllon
or tuberculosis. seeing that the t-aceIfaIa -
not registered and-inasnuch a. the cuban Patent
any person with an open estaoIlsnrae.L, -e -
apply for a trademark for The same helc y me
American concern and in due uihe received us
When the proper owners Of the marx appezresd
c5ss because The other party Tad applied arst and
was entitled 20 the use o. Jne Harz -, 80 t-s
ev,t,,I z-s-s ve-e o5Iige5 70 compromise with the
usqroe- to tie extent Of 2Ey nm Pc oI he srs
since Their the cuban Patent ONCE 14s been
marIs Because their owners mad failed 70 register
them in tris count-y. as ior 1s1alIs' . E :
So ha-s "a he -ghtfuI owners refused regisrra-
because tre use OF TIE y ei-A az 80
goods rad already been granted another nm
There is a well known trademark tor a soap.
whose owners lad failed 10 register u mere ok
a uideavake foreigner esraoils1ec mere know
n vs. NOT registered applied for sane ara %
tsf-a5 -a-fs-~sgIo- in his name and as col-ss-
Cus-~s -herecf the American SOAP cannot . soi1
here unless II o. the article manufactured oy tie
aforesaid foreigner - D---.-
In the same pTeolcarnsnt aolea ~ $500 :,
81 NIGH sg0t trademark for typewrI1ers supplies
ana paper one FOR ruTpenune another to1 49,
Isne sss another for shoe polish. one Tor portland
rs-eTr zUS Tiers These are SUFFICIENT 70 c-rnoIl-
sr-srA ire Fact that there are persons zee No a.
rsrzv >, anurou-iata a foreign brand II they car
see : market for IL. and then cOoiJ o1eF II LeL
go ~ rra real owner thereof. or compel SAID
--.--s- - saif Nfz goods hin exclusively
on vfew II these facts II - evlc~ut InaI any
one having a trademark Tegtsts-ed n TIE nltSl
Srarez should proceed Immediately 10 C-pe-i1 II
CfIhs a certified copy Of the marx II ne mas a
market II the island. or take chances % I1FIl=
his rights stolen. I have SAID