Evening star., 1920-01-18

which marks the su-
Arouced m periority Of Ameri-
-, can goods. and Is q
tne A4eAace' guarantee Of stand
ard quality in all markets-the dis
tinctive trade mark. lready heavy
toll has been laid upon the American
manufacturers, notably Of automo-
biles, just starting in the new era of
foreign trade to place their goods in
the principal markets throughout the
world. But the wholesale plundering
has served a good purpose. for it has
aroused the American manufacturer
and exporter and the government off,
cials to the menace, and measures are
being taken to prevent further depre-
dations.
The United States should adhere to
the international trade mark conven-
ton, which provides for the regis
tration OF trade marks in bureau at
Bern. Switzerland. according to
Chauncey P Carter. trade mark spe-
cialist, formerly holding an irhpor-
tant position with the United States
department O1 commerce.
This convention, which is known as
the arrangement Of Madrid, provides
that when citizen of a country that has
adhered thereto shall have registered his
trade mark in the patent office of his
own country. he may then apply to
have it registered in the bureau at
Bern. accompanying his application
with a small fee. When registration
in the Bern bureau has been effected
his mark is then protected in all the
countries which have adhered thereto
unless in any one of those countries
the same or a similar mark has al
ready been registered by another per-
son for the same or similar merchan-
disc. In that event, the patent office
to give effect to the international
registration in that country, and the
applicant will be so advised.
The United States sent delegates to
the conference at which this conven-
tion was drawn up. and they not only
signed it on behalf of the United
States. When it was submitted to
the United States for ratification, how-
ever, fear was expressed that a GER
tain provision Of the convention
would require the Unit United Is States sst to
istered hereunder. regardless Of
whether or not they were susceptible
of protection under our domestic
trade mark law, and for this reason
the Senate refused to ratify.
+ 4
Later the highest court in each Of
several European countries decided
that the provision in
nh;eot;on question should not be
so interpreted, and it
heMoseu' is now recognized that
any signatory country may refuse to
give protection to any mark regis
tered at Bern which is not suscepti-
BILE of protection under the domestic
laws of that country. Notwithstapd-
ing this Interpretation. the Senate has
not yet approved.
For example, the law of Portugal
provides. with certain limitations,
that the first to register a trade mark
in Portugal thereby becomes the legal
proprietor thereof, regardless Of it's
prior use by another. 1t is quite
easy. therefore, for an astute resident
trade marks Of any prominent Ameri-
can manufacturers who have them
selves neglected to do so. This
makes it rather bad for the manufac-
turer when the time comes that he
wants to do business in Portugal.
Mr.. Astute Portuguese Resident,
however, is not yet through-in fact.
.he has only begun. Having secured his
Portuguese registrations, he proceeds
to make application to the Bern bu-
reau for registration there, which
when granted gives him the owner
ship Of these American marks in
about a score of countries, including
Brazil, Cuba and Mexico. This may
be brought to the attention of the
American manufacturer within a rea-
sonable length of time, and in this
nestle commerce has done some very
valuable work; but the chances are
that he will not. learn Of it until he
attempts to ship goods into one or
more of the countries covered by this
registration, in which he is likely to
be advised that his goods have been
confiscated or are subject to confls-
cation for trade mark infringement.
| This attempt to pirate valuable
American trade marks in wholesale
fashion is never
Raraf3n;o1 theless ono of the
best things that
Disadvantage. has happened to
United States export trade in a long
time. Mr., Carter says. e-points out
| that it has focused the attention OF
American manufacturers and export
ers on the need for early and adequate
protection Of trade marks abroad.
II A. 80 an hAo ov-tY pep he