Evening star., 1915-04-10
Disadvantage to Americans.

The law In the United States is that,
as between opposing parties. the right
of ownership Of trade mark Is based
on the priority Of use. In Latin Amer
lea the right of ownership is deter
mined solely by priority Of registra-
ton. This rule. according to Theodore
F. Whitmarsh, vice president of Fran
els H. Leggett & Co of New York.
offers an opportunity for the prac-
American brands. Under its operation.
he said in a letter to the Merchants
Association Of New York, 1t Is very
simple matter for a South American
resident to register a trade mark, even
though his actual use of it is Of the
flimsiest character.
Having accomplished this registration
the South American is in a position to
compel the American merchants to
meet his own terms before goods from
the United States will be allowed to
enter the country.
Convention at Buenos Aires.
In 1910, at a meeting of the PAN
American Union in Buenos Aires. Ar
gentine Republic, a convention dealing
with this matter and providing pro-
lection for the merchants in all the
countries, was drawn up. For the
purpose Of this convention the coun-
tries are divided into northern and
southern groups. On the ratification
of the convention by two thirds of the
countries embraced in either group, an
international Office Is to be established
and put into operation for that group.
For the northern group the conven-
tion provides for the establishment of
such an Office at Havana. and for the
southern group at Buenos Aires
OF the countries in the northern group
seven have ratified the convention, one
short Of the requisite number, 1t Is said,
and it Is thought that II one other can be
brought to ratify, the convention will
then 70 into effect and work great good.
Legislation May Be Necessary.
However, at the office of the Pam
American Union today it was suggested
by one Of tho officials that legislation
might be necessary also in tho various
South American countries to bring about
the desired result.
It has been suggested that with the
convention In operation In tho northern
group the southern group Of nations will
speedily fall into line and ratify it
Under this convention, and with the
establishment of either one or both Of
these Offices, trade marks of residents
Of the United States can be registered
here and, by paying an additional fee
O.
through the international ofice and
become legally registered in each Of
the countries which are parties to the
convention.
Seek State Department Aid.
The good offices of the State Depart
ment here have been called upon to
aid having the convention made ef
fective as soon as possible.
A case in point has been quoted by
Mr.. Whitmarsh to show how the pres
ent conditions operate against Ameri-
can merchants in South America. One
of the trade marks OF his firm was reg
istered by a company in the Argentine
Republic several years after the trade
mark had been registered in this coun-
try by Mr.. Whitmarsh's firm and had
established a commercial value for the
name as applied to food products. AS
matters now stand, the American firm
cannot prevent the Argentine firm from
using the trade mark In Argentina. but
also the American firm cannot ship
any goods bearing the trade mark into
that country without permission of the
Argentine firm.