The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-27
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SAFEGUARDS URGED
FOR TRADE MARKS
National Economic Congress
of Buenos Ayres Takes Up
Question of Piracy.
REGISTRATION PROTECTS
Law in United States Not the
Same as In South Ameri-
can Countries.
REGISTRATION PROTECTS
ss.cial nnrresponaence to rnn Sun.


BuENos ArREs, Argentina, Sept 49,
AGENTS in this country of foreign houses
are greatly elated at the firm stand
taken by the Commission of Internal
commerce OF the National Economic
Congress of Buenos Ayres regarding the
necessity of fighting the Illegal use of
trade marks. In the past there has been
much criticism of the laws of Argentina
regarding the registration Of trade
marks, and although there has often
been mach exaggeration on the part Of
injured parties, there is no question
that INSCRIPTIONS persons, taking adj
vantage Of the loopholes left by the laws.
have pirated American trade marks and
used this as means OF extorting black
mail.
This has been made possible by the
fact that American manufacturers have
never fully realized the conditions under
which trade marks are acquired in the
Latin American countries In the United
states. Great Britain and thu British
Colonies ownership of trade marks Is
based upon the common law property
right in trade marks that is, whether or
not the mark is registered, 1t is protected
under the laws. In Latin America, how
ever, property rights in trade marks are
acquired under statute alone, and only
upon complying with the provisions Of
such statutes
As has been pointed out time and
again by American consular agents in
these countries, in order to acquire the
exclusive right to use a trade mark, 1t Is
necessary to register It. If the owner
of the trade mark does not register Ii
any other person may do so, thereby
acquiring the exclusive right to the
trade mark, Notwithstanding the fact
that the real owner may have used
the mark for number of years. In
the United States 1t is necessary to use
a trade mark prior to registering 1t, but
in Argentina and in most of the Latin
American count lies, the laws are based
upon the proposition that IL a trader
wished to use a trade mark for his own
benefit and to the exclusion of others
his first duty is to register it, thus CIV
ing notice OF his Intentions to the pub
lie so that they may be warned against
using a similar mark.
A recognition Of this fact will serve
TO show that these laws are not merely
part of an organized attempt to legalize
the piracy Of trade marks as has so
often been claimed by foreign export
ers. who. themselves negligent in COM
plying with the laws Oh inc couHt<leS III
which they are seeking to develop their
business, are prone to lay the biz N.e for
piracy upon foreign Governments re-
sponsible for the laws.
AS to what effect the work Of the COM
mission will have, 1t is, of course, i'm
possible to predict. But whether or not
they are successful in their attempts to
secure legislation which will make it
easier for foreign manufacturers to pro-
tect their trade marks the latter can
protect themselves under the present
laws If they will apply the general rule
mo protection without registration"
and by so doing they will avoid the loss
Of valuable rights abroad.