New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-15
NEW TRADEMARK LAW.
Welcomed by All in Protection of Valu-
able Asset.

To the Editor of The Tribune.
Sir: Since Thomas Jefferson as Secretary of
State. recommended to Congress in 1871 that to the
Massachusetts sailcloth maker be accorded the
elusive privilege of using particular trademark
Congress. up TO the present year, has passed only
two general trademark laws. The first which
enacted until August ID, 1876, declared void
by the Supreme Court in the trademark cases
uOO L. s.. s2). The next act. approved March 3,
1884, provided for the registration of only those
marks used goods in commerce with foreign
nations Indian tribes with the result that there
national federal recognition of trade
marks used solely In commerce between the States.
In consequence the owner Of mark, desiring to
gain such advantage arises from registration IN
many instances affixed his mark to few samples
of his goods and shipped them into Canada
some other foreign country in order that he might
make the showing required under the act OF 1881.
Since the Supreme Court decided in 1883, and
again in 1902 that the registration of trademark
did ipso facto give the federal courts Jurisdic
ton over a infringer using the mark in domestic
commerce. manufacturers and other owners Of
trademarks have been knocking loudly at tho
doors Of Congress for some tangible relief
Congress has at last responded by the enactment
OF law which will be welcomed by all interested
in the protection of this valuable asset Of indus
trial property. Indeed, the law is OF interest
to all owners and of trademarks, whether
registered or not The most important provision
is that a mark is entitled to registration although
it is used solely in interstate commerce.
The requirements as TO the nature or marks that
may be registered remain practically hereto
fore. but the most important change in this regard
is that marks which have been in exclusive use
for ten years or more entitled to registration
whether they do or do not fulfil the requirements
as to marks in general. This is in keeping with
the English statute, which accords special privi-
leges to what termed old marks"
1t is important to note that the present exorbi-
tant government fee has been reduced TO $40 There
never has been any reason for imposing tax of
sos for the mere registration of a trademark. A
certificate OF registration will hereafter be for
term of twenty years. instead of thirty years,
heretofore. Other provisions that may be noted
that all marks upon which applications for regis
tration have been favorahly passed are to be pub
lished in THE Patent Office Gazette" before the
of opposition. Certificates granted may be cam
celled upon showing made by any one injured
thereby. Appeal may be taken to the Court of APP
peals of the District of Columbia, the decision of
and. patent cases, writs of certiorart may be
granted by the Supreme Court of the United
Another provision to be noted is that the new
act provides that trademarks may be assgnabe,
but only in connection with the goodwill of the
business in which the mark is used. In other
words. trademark cannot be divorced from the
manufacture in connection with which it has been
employed. Hereafter notice Of registration must be
given on the marks themselves, in other
suitable way. This provision is modelled that
articles be so marked. Indeed. it is manifest that
the whole act IL drawn lines closely analogous
to the patent statutes.
II the Interpretation of the act should tend to
owners and OF trademarks there may be
cause regret the failure of Congress TO adopt
the recommendation or the American Bar Associa-
ton that the entire subject be transferred to the
properly belongs. GRAFTON /. M'CsIII.
New-York. March 2 1905.