Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-08-15

acid is sold under that name througlsS
out the world. although legally re
only persons who have right to ut
it are the owners who registered p
over half a century ago
Trade marks are shown 10 have ex-
listed almost from the herinning os
time.
Trade Marks Have they have
Existed for Centuries. a Deen iou"d
archives of ancient Egypt and Babylon
and appear upon the oldest pottery.
The watermarks upon paper are the
oldest European trade marks now in
existence. dating back to the twelfth
century. The trade mark law of Eng
land. upon which that of the United
States is primarily founded. dates bach.
to Queen Elizabeth. American trade
mark law. however. has been chiefly
developed since 1870. 1t has become one
of Americas most frequent subjects for
legislation. The suits for Infringement
of a registered trade mark outnumber
those for patent infringement and the
sums involved are frequently larger.
The old trade mark was a sort OF
personal signature by the manufac-
securing larger sales. The modern
trae mark is the result of keen BUSH
ness competition. The manufacturer
realizes the number of similar prod
ucts on sale He selects n design which
Will distinguish his from others and
then begins to make il known. The
higher the quality of his goods the
greater his need of protecting himself
by some mark which shall be the iden-
tifying link between him and the ulti-
a q rhn mi tod Stat
ent office gives him the exclusive right
to this mark, provided il meets all the
requirements. for the modest sum of
SO. After that its value increases in
proportion to the amount of advertis-
ing he gives it. The value of the trade
mark is due solely to the degree to
which II has become known to the pub
lie. plus the reputation for quality OF
the article for which il stands.
1t is CHARMED that the most valuable
trade marks in the world are owned by
tobacco companies and breweries The
American Tobacco Company values it's
trade marks at $4,000, 900 and employs
a force of high-priced lawyers contin-
ually to protect them from infringe
ment One of the suits for largest
damages ever brought in Denver, Col,
was won a few months ago by a Mill
waukee brewing company which al
upon his bottles the label of drink
which is claimed to have made the Wis
consin city famous.
=
The United States trade mark law
was amended by an act passed in 1905
de g n d to
U. >. Amends systematize the
Provisions of Law. reeis,ra'ion oi
and provide a legal procedure for re-
cording and protecting them. Since
this act about 10000 trade marks have
been registered under the forty-nine
specific classiications of merchandise
in the list provided. The law makes
definite provision as to what a trade
mark may and may not be, the decision
as to whether these are met by the APP
plicant resting with the commissioner
of patients. Despite seeming inconsis-
tencies. the law is based upon the en-
deavor to make just distinction be-
tween the rights of an individual and
his possible encroachment upon the
rights of others
A trade mark may be an arbitrary
symbol, word or words, or a combina-
ton of a device and wording. not de-
scriptive of commodity to which it is
to be applied. 1t must be unlike any
other trade mark already in use for
the same class of goods and must not
resemble the trade mark of a COMPETE
tor to the extent of confusing the buy
ing public. and must be capable of be-
ing affixed in some way upon the prod
net for which it is used.
A trade mark must not be the por-
trait of living individual without the
written consent of the Individual: the
flag or coat-of-arms of the United
States may not be so used, nor that of
any state or municipality, nor the coat
of-arms of any foreign nation, nor the
insignia of the American Red Cross
Society, nor any design which belongs
to any fraterna1 order. 1t must not
consist Of the mere name of an indi-
vidual, firm. corporation or association
unless it is arranged in some distinc-
tive manner. or is used in connection
with the portrait of an individual.
The portrait or name of a historic
character or A man long dead may he
utilized as a trade mark, as was indi-
Gated by one of the works of fiction
which this summer attracted much at
tention, and in which the versatile hero
used the name of leading jewelry
firm in New York to promote his sand
the jewelry business had been dead for
vent the use of his name, notwith-
standing the strenuous objection of the
corporation operating under it,
While the use of historic characters
as trade marks is permitted by law,