The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-08-15
TRADE MARKS
By Frederic j. Haskin.


II descriptive Of commodity to winch
1t is to be applied 1t must, be unlike
il any other trademark already in use
for the same class OF goods and must
l.not resemble the trademark OF
Icompetitor to the extent OF confusing
i the buying public and must be cap
liable OF being affixed in some way upon
the product for which it is used.
Things Prohibited.
1 A trademark must not be the por-
trait OF living Individual without the
written consent Of the individual;
the flag or coat-or-arms of the United
Estates may not be so used nor may
that OF any state or municipality, nor
1.-THE cot-of-arms OF any foreign nation
lnor the insignia OF the American Rel
ICross Society nor any design which
belongs 20 any fraternal order. It
Unjust not consist OF the mere name OF
an individually firm, corporation or
association unless it is arranged IN
Isome distinctive manner or is used
in connection with the portrait OF an
individual.
The portar:t or name of an historic
character or a man long dead may
Ibe utilized as a trademark as was
indicated by one Of the works OF nc
ton which this summer attracted
much attention, and in which the YER
Isatile hero used the name OF lead
IlnS JeWS1Ty uTIu III new 1OA n " 80
mote his sandwich scheme. The man
who founded the iewelry business had
ibeen dead for many years. The law
could not prevent the use OF his name
Notwithstanding the strenuous obJec-
ton Of the corporation operating I'M
der it.
while the use Of historic charac-
tiers as Trademarks is permitted by
law, cigar manufacturers have been
refused registration for the portraits
and autographs of Thomas JEFFERSON
and Grover Cleveland upon the ground
that such q use was derogatory to the
dignity of president of the United
States. Yet George Washington race
is seen upon breakfast food boxes
coffee cans and various other articles
the smoker might regard as equally
undignided. The portraits OF the
Kings OF England, Spain and Italy and
the rulers OF other European nations
have been extensively used for cen
turtles as Trademarks by tobaccontsts.
The adoption of certain character
for trademark may lead to many con-
centions Of it as 1t reaches higher
stages of publicity. For Instance the
Dutch boy who for nearly quarter
of a century has recommended white
paint is now beginning to do stunts
upon the magazine pages. similar
feminine character, presumably ms
mother vigorously chases dirt from
painted surfaces upon bulletin
board. Equally industrious twins
have been performing cleansing labor
tasks joyfully in various advertising
spaces since about 1880 These are
trademarks.
\ The Oldest trademark still In ac-
tive use consists of the number ~ L,
enclosed in a scroll with a small bell
at the right hand side. 1t has been
used for over a century and q half by
a firm manufacturing toilet articles
In Cologue. The street number OF the
founder of the business was 4fll
Glockengrasse. The house has long
since vanished but the number STANDS
for the products that originated t meg
Coined words are effective trade
marks, If they are catchy and the ar
j ticIe for which they stand become
popular. Great Britain refused to re-
eister the word 'tUneeda," however,
tI1pon the rather unique contention
(, that 1t was descriptive OF the prooucI :,
/ for which it stood an attitude OF
which the owners made good aovertis-
ing use.
| A trademark must not be geo.
nraphical term yet sthe supreme court
4 o fthe un ted States, after long ana
Itedius fight, sustained the right OF
the Carthusian monks to use as
trademark the place of origin OF
product which they have been manu-
featuring since the eleventh century.
The trademark in the mind of the
public Suggested, Justice Hughes held
in his opinion, the abode OF these
monks rather than geographical
4 location. When they were driven out
OF France and took up tne.r re ssstfaes
in continuing their time honored trade
mark.