The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-06-12
TRADE MARK LAW
IN NEED OF REVISION
Various Enterprises Ask
for Change of Methods.
A FIXED STANDARD NEEDED
Different Commissioners Have Ruled
Differently On Same Subject and
Much Confusion Exists.
A FIXED STANDARD NEEDED

For the benefit Of Americans having
proprietary products 10 sell abroad. a
radical revision Of our trademark laws
IS believed TO be greatly needed. The
Commissioner OF Patents. under the
present law, determines the validity Of
trademarks. so far as registration iE
concerned. From his decision as the
law now stands. there is no appeal. and
maEdamus cannot be granted to compel
registration. This makes the commits
s!oner's Office the final tribunal for de-
tcrmining whether trademark can %
registered.
OF course. This docs not give him any
power TO determine the common law
rights in the use Of trademarks. but
merely the right Of registration. This
latter is a small matter so far as this
country Is concerned. but becomes vast
" important when American PRODUCTS
60 abroad for IN order 20 protect a
trademark there II must first be regis
tered here On the basis Of this regis
tratioa it can be registered in foreign
countries The effect of our law giving
the commissioner final authority in this
matter virtually places him in control OF
the right OF registration OF American
products IN foreign countries.
There has been good Heal Of dissat:s-
faction IN the policy Of the Patent Office
In the registration of trademarks The
present commissioner especially has
been refusing trademarks that are held
good by the courts 10 the great incon-
venience and detrincnt Of American e2--
porters- The House Committee on Pat
en.s Is much interested in this matter
ard there Is a strong prospect that Iegis-
lalion materially changing the presen-
law will be passed at the next session.
A Few Seeming PaTadcxes.
As an example OF the chaotic situation
which now prevails "a Hst has been pre-
pared icy Arthur p. Greeley Of some Il
the trademarks which have been sus-
tained By the courts "a valid, besides
those which have been refused registra-
ton by the commissioner. not IN al
cases the present Commissioners, DIT
some occupant Of thai office
~YankSc" Ter soap was held a valid
trademark, while the commissioner re-
fused q. ecian" for corsets on tae
GROUND that the WORD is either Seog-apn-
zeal or descriptive.
BY the same contrast German Sweet
Chocolate IS well recognized trade
mark. while The Roman" for clothing
goods were manufactured ID Rome or
made after the Roman style CT pattern.
The average service OF the commits
sioner of patents has been less than
two years. The views OF different COM
rnissioners diner widely as to what
constitutes A technical trademark. Is
it any wonder that great confusion has
resulted? Aurora" has been refused
registration by one commissioner as be-
ing merely a geographical term, and has
Leen held not TO be merely geographical
and ordered registered by his successor.
Defiance" was refused on the same
grounds By one commissioner and was
held registerable by his successor
Gibraltar" has been refused on the
same grounds by one commissioner.
though used in connection With rep
resentation Of the rock of Gibraltar.
and has been held registerabie by his
successor.
Perfection has been refused regis
tration as being descriptive, though held.
in a carefully considered decision, 70
be a valid trademark by the supreme
court Of the State of Alabama At the
same time Success 'Invincible." and
Boss nave been accorded registration;
also .'waukeasy'' Cfor corn cure.
solid Comfort (for furnaces). and
'WaukwelI'' (for shoes. Vogue" Is re
fused registration as descriptive. olive
(for bicycles) is refused as descriptive.
Red (for snuff is refused as descrip-
tive or deceptive Matted Milk is re-
fused as descriptive. .'Fitmeeasy" (for
corsets) is refused as descriptive, but
Just Right Cfor cOrsets) IS regis
I tered.