Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-11-22
ARE ONLY SIGNATURES
Trade Marks Are Not Govern
ment Guarantees.
PATENT OFFICE DECISIJN
All Chance for Deceptive Trade
Marks Removed.
GOVERNMENT NOTRESP0NSIBLE
Pure Food and Drug Label Must
Clearly Indicate Name Of
Manufacturer.

The full text of the recent decision of
the commissioner of patents affecting
the registration Of trade marks was
made public yesterday. According to the
ruling of the commissioner. applicants for
registration Of trade marks and labels
will not be permitted to place upon such
trade marks and labels presented for reg
istraton in the United States patent Of
fee the words guaranteed under the
food and drugs act" so written as to
lead the purchasing public to believe that
the government guarantees the merchan-
disc to which the labels are attached,
Commissioner Moore says:
In order that such misunderstanding
of the real nature of the registered label
er has decided that where the words
Guaranteed under the food and drugs
act are to be placed upon registered
label they should be SO qualified by the
addition of the applicants name that
the true suarantor-that is, the person
whose output is to be labeled-will be
Enthusiastically identified. as, for example.
says the commissioner Guaranteed
under the food and drugs act of June
10, 1906, Serial No, by Smith, Jones
the inference is specifically avoided that
the. government itself guarantees the
quality or character of the merchandise.
The full text follows:
Commissioner Moore's Decision.
According to recent decisions of the
commissioner Of patents, Edward B. Moore,
applicants for registration Of trade marks
and labels will not be permitted to place
upon their trade marks and labels pre-
sented for registration in the United
States patent Office the words 'Guaran-
teed under the food and drugs act so
written as to lead the purchasing public
to believe that the government guaran-
tees the merchandise to which such labels
are attached
1T has been observed that some I'M
scrupulous dealers have so located the
words guaranteed under the food and
drugs act of June 80. 1906 with the ac-
companying serial number, upon their
labels as to cause the public to reasonably
believe that the merchandise is guaran-
teed by the government and that the reg
lstration of trademarks and labels in the
patent office containing such clause in
the manner stated insures to the pur-
chaser the quality of merchandise so
labeled
In order that such misunderstanding
of the real nature of the registered label
or mark may be avoided, the commits
sloner OF patents has recently ruled that
where the words Guaranteed under the
food and drug act are to be placed upon
q registered label. they should be so
qualified by the addition of the appi-
cant's name that the true guarantee
that is, the person whose output is to be
labeled-will be Enthusiastically identified
as for example, Guaranteed under the
food and drugs act of June 30, 1906,
serial No. -, by Smith, Jones e. Co"
Under this holding there can be no
guaranty required by the food and drugs
act is the person against whom recourse
may be had In case the quality of the
merchandise does not conform to the re-
quirepents of that act, and specifically
avoids the inference that the government
itself guarantees the quality or character
of the merchandise.
Cannot Use Stars and Stripes.
'The commissioner has also recently
ruled that trade marks which contain
simulations of the United States shield
flag or other insignia of the United
States will not be registered. This
holding is in accordance with section s
of the trade mark act of 1903. as amended
by the act approved March 2 1907, which
provides that no trade mark may be reg
istered, which
Consists of or comprises the flag or
coat of arms or other insignia of the
United States, or any stimulation thereof
or of any state or municipality. or of any
ture that has been or may hereafter be
adopted by any fraternal society as it's
emblem
pursuant to this section of the statute
the commissioner refused to register a
trademark comprising the letters u. s.
placed upon a conventional reproduction
of shield which simulated the shield
of the United StRtes coat of arms.
The commissioner states that no appli-
cant is entitled to register trademark
which contains insignia used by the
government. either In an official capacity
or to identify merchandise used by the
government. and further considers it
against public policy to permit the regis
tration of words or devices which would
in any manner indicate that the govern
ment has placed it's official approval upon
merchandise manufactured or sold by any
private concern or which will indicate
that the same has received the approval
of any beneficial or quasi-oficial society.
such as the National Red Cross.
Trade Mark Defined.
He considers the function of a trade
mark to be in the nature of a commercial
signature. sufficing only to indicate the
goods Of the person owning the mark and
who desires to register the same. and that
no advantage should be acquired by a
trade mark registered because Of the
adoption of mark as his trade mark