Evening star., 1915-04-14
Injustice to U. S. Business
Men in South America
Is Alleged.
CITATION OF EXAMPLES
OF UNFAIR REGULATION
Commissioner and Assistant Com
missioner Of Patents Suggest Ne
cessity for Protective Measures.


bring about a CHI lge in the present
situation which permits American trace
marks to be registered In South Amer'-
can countries by citizens Of those coun :
tries for the purpose of preventing
American merchants from importing
their goods into those countries, IN the
opinion of Thomas Ewing. commission
or OF patents. and James t. Newton,
first assistant commissioner of patents
Involving the foreign relations OF the
United States as the matter does. COM
missioner Ewing said that Whatever
actual steps we're taken would nave TO
ba taken through the State Depart
ment or through the Pan-American
Union.
There is no doubt that In NUMBER
Of cases American merchants nave
been held up by unscrupulous persons
: in some of the South American coui
tries, and also in some OF the counei tee
of Europe, Who have reSlstereu .ne
American trade i..--rks In tneil omh
Countries" said Mr. Newton. the ASSIST
ant In charge of trade marks, touay.
Under American law the man Wno
first uses a trade mark Is entltieu 70 !,
and to registration OF that traoe Lhei "a n
In the South American countries ana
in Germany and some other countries
Of Europe the first person VINO reels
tera a trade mark with the omclals OF
those countries Is entitled TO the trace
mark.
Opportunity for Unscrupulous Men.
You can readily SEQ what an oppor-
tunity such a system offers to the
unscrupulous person in a south
American country, having registered
the trade mark of well known Ameri-
can goods. can absolutely prevent the
importation Of those goods into the
South American country, unless Tue
American merchant is wiling 70 soine
to terms with him. hIst pay nm
a good round sum. II may very Hhes
he that the South American ha never
used the trade mark at all, never seri-
ously intended to use Ii, but mercy
fled on il in order to have the oppuI
tunity of getting money out OF the
American producer when ne sought
market in that country.
Mr Newton mentioned also the case
of a cash register company Whlci.
was forced to pay large sums OF money
to German citizens, VINO nao resiste! GU
the company's trade marks IN Ger
many and who prevented the casn
reeister company from going into that
country with it's machines until II hao
settled with them
There have been numerous cases OF
inst such character in South American
countries" said Nj. Newton He SAID
that if a big trade was to be built up
with those countries it was OF great
Importance to arrive az some pan
which would be fair to all.
..It would aid our trade with the
South American republics greatly II
this were done," he said.
Remedy in View.
Mr.. Newton discussed the convention
which was drawn up at Buenos Aires
In 1910 at a meeting of the Pan-Amerl-
can Union. which looks to remedy OF
the matter. This convention PROVIDES
for an international registry office OF
trade marks at Havana, Cuba. for the
northern group of American republics
and for another at Buenos Aires for
the southern group. trade marx
registered at one of these offices would
insure registration Immediately ana
of the same date in all the countries
represented IN the group. In the
northern group the United States and
a number of other countries have
ratified the convention.in fact. sufh-
ton to become effective in that group.
Il believe that even II this conven-
tion is ratified. legislation will be
necessary in the various countries to
He pointed out that In this country
the law specifically states that priority
OF use must be established in order to
own q trade marx
Value Of Trade Marks.
The immense value of trade marks
TO business concerns was pointed out
by Mr.. Newton to show the Importance
OF taking some steps to protect the
American merchant. He mentioned a
number of firms which spent millions
of dollars each year in advertising,
putting their trade marks before tho
public. and the vast business which
this means to them.
Possibly the situation might be
cleared up fairly for every one con-
cerned II a plan was adopted by which
a Arm which adopts a trade mark may
have a period of three or four years to
register that trade mark in a foreign
country before any one in that coun-
try shall have a right to register the
Identical mark. In the case of patents
under international arrangement pat
entees have a year in which to take
out their patents in foreign countries
and they are protected until that yeal
expires. ! suggest longer period for
trade mark, for merchant may not
know for two or three years whether
the trade mark he adopts for par
ocular brand Of goods is going to be
worth anything to him not.
Merchants frequently make grave
mistakes in choosing their trade marks
n this country. simply because they do
not know the laws relating to the fed
eral registration of trade marks" said
will not register name of a persor
HrY Fk wi