The Washington herald., 1910-11-26

That our trade with Spanish-American
countries, and especially with Cuba. has
not YET found adequate protection against
the piracy of the best known American
trademarks. even when they have been
properly registered in said countries. IS
the statement of Aurelio de Armas,
Cuban patent attorney. who is now in
Washington.
When requested to explain his views.
Mr.. de Armas said: 1T is not only the
failure of our local laws to grant protec-
tion 20 unregistered trademarks Ga legal
provision known in It's broad general
terms to the majority Of American pat
ent attorneys), which causes the evil: but
also the particular form in which Ameri-
can trademarks. as a rule, are regis
tered down there The pirates even at
tack and cheat tie American manu-
factmer who thinks he has provided full
protection through the registration OF his
trademarks in Cuba This statement is
also true OF all countries having trade
mark laws similar 10 those OF Cuba
There are many countries in Latin Amer
"a which AAhU TIC stliAI HNA% "a A~WNs
Would Forbid Labels.
"At the time left Havana, a court de-
eision was expected in all legal circles
forbidding Lubin, the worldwide famous
French perfumer, from using his WELL
known labels, as infringing a piratical
registration. in effect. in this and all
other similar cases Il makes no differ
ence whether the technical trademark
was properly registered or not, inasmueh
as the pirates purposely eliminate il
from the registration, in order not 20
raise suspicion. while preserving and reg
istering other minor elements of label,
which. though actually used by the law
ful owner. do not appear in the American
certificate Of registration. Thus the labels
look the same as the genuine. but are
not technically the same.
An examination OF actual facts and
the records OF registration Will show that
- per cent Of the trademarks registered
in Cuba for American whisky. food stuffs.
toilet articles. drugs. &c. are exposed 10
similar danger"
According 10 Mr., de Armas. both the
Cuban and the present United States laws
The fact that the strictly technical
element OF the trademark is often elinI-
mated by the unfair registrant. which
otherwise would attract public attention:
the further fact that the pirate deliberate
~ takes no judicial action 10 stop the i'm
pOrtation OF the genuine goods in order
both 10 pTOnt by the legitimate trade
marks advertisements and 10 let dam
ages accumulate, which he might under
the peculiar condition prevailing. collect
from the real owner OF a trademark,
and lastly. the fact that the enormous
buying capacity OF the Cuban people does
not allow the reduced sale TO be noticed
at first-al these contribute 10 keen
the American manufactures ignorant OF
what is going on while ne thinks himself
fully protected under a Cuban registra-
ton
"A delegation sent 90 Cuba last year
by the Union des Fabricants de Paris
learned that like condition obtained
with respect 10 articles of French manu-
facture.
Principles Are Faulty.
These lamentable conditions, and
others not less disastrous. which also pre-
vail with reference to the protection and
working of patented inventions in Cuba.
are due. as already stated, both 10 the
principles underlying the Cuban trade
mark registration and TO the failure OF
the American statutes heretofore enacted
10 foresee such possible difficulties. now
for the first time publicly exposed"
Mr.. de Armas spoke In high terms OF
the character and good will OF the Cuban
patent Office officials, who are constantly
doing the utmost within their power, and
so far as the letter Of the law permits. in
order 10 prevent any attacks or lmposl-
ton Son the part of INSCRIPTIONS local
dealers. As an example, Mr.. de Armas
mentioned the case of local druggists who
tried TO register vaseline, peptonoids. and
other well-known American proprietary
names. in which cases the Cuban patent
Office, in order TO prevent the attempted
monopoly, declared said words OF free
use, which decision. of course, was far
from being the best protection the man
ufacturers would expect.
Mr.. de Armas says that no practical
solution will be arrived at. either by
means Of international conventions or d.
rect treaties, until the American manu-
facturers and the profession OF patent
agents have a full and exact understand
ing OF the Cuban laws and actual condi-
tons OF the trade with Spanish-AmerIcan