Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1919-06-27

Nv an American piano concern, receiving
many inquiries concerning pianos and
pianO-playerS from a certain Latin American
country, decided to open an agency there.
Saesrooms were rented, and couple OF
statesmen were sent down in charge of large
cargo of musical instruments. On the day
that the agency was to open, a small, suave
man called upon the head salesman, and in
formed him in bewildering mixture or
Spanish and English that no pianos bearing
that particular name could be sold in his
country.
"Why not" demanded the salesman.
Because" said the visitor, 'your trade
mark is already registered here"
The salesman thought quickly. His firm
has already spent thousands of dollars in
shipping pianos and establishing the agency.
Several orders had already been sent in. It
was too late to turn back Therefore, ne
suppressed his irritation and smiled blandly.
How much do you want?" he inquired.
The visitor asserted Indignantly hat he did
not want anything. How could the salesman
90 misjudge him. 1t an ihsult-Bah!
Nevertheless, he fnallv allowed himself to be
inGulted to the extent of two thousand dol
lars, and the American concern gained pos
session of it's trade mark.
This is only one of many incidents re-
Gently occurring which show that the traffic
in American trade marks throughout Latin
America is being resumed with renewed Wig
or, after it's temporary interruption during
the war. Nearly every issue of the official
bulletins of several Latin American coun-
tries contain applications for TRADEMARKS
registration that are evidently fraudulent or
at least unauthorized. Fortunately, these bull
letins are regularly examined by the Bureau
of Foreign and Domestic Commerce in Wash
ingon, and all attempts to appropriate
American trade marks noted. The Bureau
then sends protest to the country in which
the registration is made, and notifies the
owner of the trade mark here. Several hun
dred of such notices have been sent out in
the past few months, and in many cases
Americans have been able to rescue their
captured marks But it is impossible always
to identify the marks examined, and ire
quently the Bureau is unable to locate the
owners. Furthermore, the time that necesa-
rily elapses before the publications are re-
celVed from the more -emOte countries, like
Argentina, is often sufficient to enable the To-
cal applicant to complete his registration be-
fore any opposition can be brought.
The Bureau, therefore, urges every Amer
lean manufactures promptly to register his
trade mark in every Latin American coun-
try in which he contemplates doing business
either in the immediate or remote future.
Most Americans believing that the Latin
American law is the same as that in the United
States, which establishec priority of use as
the OASIS OF ownership @" trade mark, ne
glect to do this until it is too late.
registration is not very expensive. 1t costs
about SIS in each country, including the at
torney's fees. Inasmuch as the procedure for
procuring the registration of trade marks is
extremely complicated in Latin American
countries, it is best to employ an experienced
trade mark attorney, unless you happen TO
be represented by competent and irreproach-
able foreign agents. The names of ATTORNEYS
engaged in trade mark practice in Latin
America and elsewhere will be furnished, up
on request, by the Bureau, although it re-
fuses to recommend any of them.
The constant traffic in American trade
marks in Latin America is made possible by
the law, which provides that a trade mark
belongs to the fr.t yerson who registers it,
regardless Of whether he uses it or not. Thus,
a Latin American who has not the slight
est idea of manufacturing or selling automo-
biles, register a Well-known American
automobile trade mark in his country for
purely speculative purposes. In other words,
he buys the trade mark, just as he would buy
any other piece Of property, in the hope that
its value will go up. For years, it may be
worthless but eventually the American au-