The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-05
TRADEMARK LAWS
WILL Be REVISED
Abuses and Evils Of System Close.
~ Allied to Trade Are to Be
Corrected.
From The Journal Bureau, Colorado Building.

From The Journal Bureau, Colorado Building.
Washington.
Washington, Jan. Sit begins to
look as if the radical revision Of trade
mark laws, which has been urged for
more than thirty years, would soon be
reported unanimously in favor Of L
comprehensive bill, following in SUBJ
stance the lines laid down by the COM
mission appointed by President Nc
kinley in 1898. This measure is strong
ly supported by the American Bar as
ISOLATION, by the National Association
OF manufacturers, by the International
Law association Of Washington. Speak
or Cannon, it is understood, is willing
to let the measure come up. It will
probably 20 over to the senate early
in the session, and if the business in
tterests back it properly, success should
| be assured.
Few affairs have closer relation to
ulation of trademarks. Good faith to-
ward other nations has persistently en-
Phasized the need Of legislation. Our
laws have long been recognized as cha
otto and archaic, especially for coun-
try in which advertising has attained
such development as here. The value
modern advertising and of the widen
ing market to which the product IF a
single factory may appeal.
Patent Office Inconsistencies.
The average service Of commits
sloner OF patents is less than two years.
The views of different commissioners
differ widely as to what constitutes a
technical trademark. "AuroraO was
refused registration by one commits.
sloner as being merely geographical
cessor. "Perfection7' has been e1 refused
registration as being descriptive. "suc;
cess,'' "1nvincible' and "Boss
also were "Waukeasy' 11 for a corn Cure Ss
usolid Comfort" for a furnace and
"Waukwell' for a shoe. "MalteG
"Fitmeeasy,' for corsets, was refused
but "Just Right for the same article
registered--a discrimination which
throws a flood Of light on the commits.
sioner' estimate Of the words which
this article.
! Facsimile signatures are recognized
as registrable as trademarks, but
"Feat6erstone' in script letters in q
diagonal line, and with forwardlJ
extending understroke, has been re
fused. "Guenther 8 Best surrounded
by a circular belt bearing wreath Of
s'Guenther' is a surname and NBest'
is descriptive, "Pillsbury s Best
however, has been registered. Nearly
all these instances are taken from
commissioners decisions Of the last five
years.
Validity Of Vested Rights.
No trademark can now be presented
for registration until after it has beer
used in commerce, SO that the commits
sioner Of patents, in passing upon al
application for registration, il deciding
the validity of vested rights which ma,
, tration or its refusal may affect thu
: interests of the user of the mark, tn,
| power of the commissioner is absolutely
arbitrary. $3.50 +'5~ ~-3 -
, Registration of a trademark in tn
patent office is essential to it's registra
r ticn by an American manufacturer il
l the more important commercial ccun
, ton Is generally essential to adequat
) protection. 1t therefore follows thu
) refusal of registration by the commls
! sioner OF patents may make it impossj
J. BILE for the American to protect hi
) right abroad, and may. compel him t.
9 submit to the destruction of such fol-
! eign trade as he may have built up. L
= many foreign countries, notably Gel
r many, anything registered as trade
a mark in the United States patent offic
q will be accepted, under treaty prov:
q sions, whether it conforms or not to tn
8 requirements of that country. -.
What This Bill Does.
o Under the present law only thos
Q trademarks which are actually use
s in commerce with foreign nations, Q
e the Indian tribes, can be registered
d That shuts out from registration mark
a which are used only within the Unite
o States: The proposed legislation e.
n tends the privilege to any mark used i
9 from $25 to $40; it besides gives vastl
s better protection to the registrant
For example,, it accerds. the right G
action against anyone using an infrinS
ing trademark in Interstate commerc
Under the present law this remedy.
, tie mark in foreign Commerce. #
further provided that triple damage
may be recovered wherever the circun
stances are such as to satisfy the cou1
7 that penalties in addition to the losst
\ actually proved should be impose
II p ra &C cal amounts to lmpoSt0
The new bill permits the owner Of
trademark to compel the destruction {
labels and Treceptacles bearing infrin
- ing trademarks. Another and very in
r. portant feature is that the owner Of
= trademark who has obtained an injun
IT ton in one circuit can enforce it thr
out the United States, without the n
,e cessity of bringing separate suit in eae
II circuit. ~.
l. Protection Abroad.
~ Trademarks can be registered he
ri under this law, before they are used
# foreign trade. The owner thus secur
:, protection for his mark in foreign cou
D. tries before actually placing it on Il
: market there. Now he cannot obta
or registration here until he has used, Il
q. mark abroad, so that he has to get b
" ~ mark into foreign commerce before
- can register it there. This results in e
IL posing the mark to theft. by foreigner
- who register it in their own name
something that has often happened.
The bill has been SO drawn in col
- =, mittee as to allow the registration
- all marks which could under the CO..
= mon law, as expounded by the courts,
the subject of trademark propert
Under the present practice of the ps
= ent office many marks are refused viii
r. would be good at common law, with t
:. result that their owners, not being ak
ut to obtain registration here, cannot p1
tect them abroad.
Many Of the other advantages Of t
., bill are technical, and Of interest on
to lawyers and manufacturers. The
VI. persons should send for the report
at Mr.. BonYnge, Of the house commit
in on patents, No. 3147 Of the present s,
at sion. :-s
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