The sun., 1910-01-09

In the stress OF less important matters
we pause TO hcte the admirable decision
OF the Hon. CORNELIUS c. BILLINGS,
First Assistant Commissioner Of Patents,
itithecase OF PEABsE 4 ToDD, applicants
For a trademark for games, toys and
sporting goods.
The trademark desired by the apph-
cants consisted of the words BwANo
ToABo. Mr.. E. L. CHAPMAN, the Exam
if,er OF Trademarks. refused to register
these words. on grounds that will appear
below. PEARsE 4 TODD appealed. First
Assistant Commissioner BILLINGS sus-
tained the Examiners ruling in a mas
terIy opinion which we find reported in
the serious pages Of GoIrtck's Washing
ton Digest for November and December.
Let ,,s not omit a single word Of it:
tfeid, that judicial notice is taken OF the fac,
nat tne name 'BwANo TUNso' has been re-
peafedly used in the press OF late a name sp-
pgie1 70 THEoDonR ROOSEVELT. former President
of me United States. and its use has been 81 fire.
unent tKat IL is believed that Il has come to be
commcnIy recognized ss referring to the former
President
That o. stated by the Examiner OF Trade
nAtks A further indicating that this mark
does refer to THEopoRE ROOSEVELT attention is
Invited TO the labels which show Immediately be-
ns the name BwAHo TUNso the words Hunting
b Afrfca-';
Thai IA the case Of sr porfc The Banner Cigar
hanpfacturinE Company tlas o. G. se0 Il was
held 70 be against public policy to register the
name and portrait OF GBovER cLEvKLAND a for.
ser Presdsnt Of the United States
: That the registrations cited in applicants
bfief bad not that sole personal significance which
A,ta1kks % the words 'BwANo TuNSoG
That as held In previous decisions II Is deemed
~ De- against public policy 10 encourage the use
10 trade OF either the name OF the President OF the
tinted States or on a former President OF the
Emitted States. and for this reason tho registra-
zion thereof as Trademark should not be per
fpitted. and the decision OF The Examiner OF
trademarks is afnrmcd.
The momentous character of the rul-
ing will be apparent TO all who follow
the course Of First Assistant Commis-
sioner BILLINGss reasoning, when it is
rernembered that the Use i'm trade of the
nickname -Old Hickory has been Off
cially sanctioned, notwithstanding the
fact that these words have come to be
toFnnionly recognized as referring to an
other former President of the United
States. five are not mistaken, game
somewhat. resembling Pigs in Clover
and called "TEDDYs Teeth" was pat
ented while Mr.. ROOSEVELT actually
occupied the White House.
eTh;s official decision, therefore, differ
cntiates BwANo TUMBo from verbal con-
structions like Old Hickory or TEDDY's
Teeth and puts it on the same level of
dignity and exclusive Possession as the
name GROVER CLEVELAND or the name
ANDREW JACKSON.
Is 1t not even conceivable, in view of
First Assistant Commissioner BILLINGs's
decision, that if Mr. ROOSEVELT should
come back from Africa and run for Office
votes cast for -BwANo TUMBo' would
be held to be valid and might be counted
for the person for whom they were in
tended? II is his trademark, and it be-
longs to nobody else. But we venture
the remark that there ought to be a
permanent injunction against a literal
translation into any other language.