South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-11-26
Farmers Increase Incomes By
GiUing Homes Attractive Names
Trade-Mark Helpful in Mar,
keting High Class
Products.

Many farmers throughout this sec
I ton are finding 81 20 their advantage
, commercially 20 give their farms at
/ tractive names that can be used in
connection with marketing their pro-
ducts. Provided the quality OF the
I product Is kept up. a reputation Is
quickly established for the farm and
the commodity that makes the name
OF real worth in dollars and cents
when il comes 20 competition on the
market with other products The
name becomes in time real asset
20 the owner and has a money value
much like the good will in other
/ kinds OF business.
In England. many farms have
borne distinctive names for years,
which have become famous in con-
nection with various products. This
has been especially true in the case
Of certain breeders Of cattle. The
rame OF the farm passes current
among cattle breeders as sort OF
guarantee that animals from that
farm are all that is claimed for
them. The practice Is coming into
vogue I'm this country. and with Il
a desire TO be protected against
others adopting the same name and
thereby beneftung by the reputa.-
tion already established for IT,
Names Registered.
The United States government,
through it's patent Office. which in
terprets the trademark and label
I copyright laws, IL prepared TO give
this protection within certain limits
Some OF the states have laws author
I ling the registration Of farm names
with the state authorities and no one
/ else in that state is allowed 10 use
/ the name. This is merely for use
within that particular state. The
United States patent office. however.
+ is prepared TO register farm names
as trademarks If they meet speci-
fled requirements This will protect
the owner against their use by others
anywhere in the United States. There
are certain requirements. however.
that must be met in the case OF
ether sorts OF names used as trade
marks under the federal trademark
law. The farm name. for one thing.
"A a
trademark on his products that ne
ships to points outside his own state:
in other words a commodity that
moves in interstate commerce. L
must be printed, stamped. or other
wise attached 20 each parcel The
federal law makes no provision for
the registering Of names used as
trademarks on commodities that
are shipped only within the state
Destructive Designs.
Although Il Is thought advisable.
il is not necessary that the name be
arranged in any distinctive design.
Under the trademark act OF 1906.
il was not possible 10 register a name
that is merely geographical. or mere
T. descriptive, or Is merely a sur
name not displayed in some particu-
lar or distinctive manner. Such
marks. however. can be registered
under the act of 1920, If they have
been in use by the applicant in In
terstate commerce for not less than
enc year In this way Congress
sought 20 give recognition to a COM
mon-law right in a name used as
tAatAt itletl n bli the EAUullu u us use.
Officials of the patent office point
out that the names Of varieties Of
seeds or plants can not be trade
marked. For instance, a seed grow
er may develop a variety OF water
melon. which he chooses to call the
Excelsior" and 90 sell the seed as
such. Even though the seed goes
into Interstate commerce, its name
can not be registered. and any buyer
who reprOduces that variety OF seed
can sell 10 under the same name.
. Excelsior" is the name Of the vari-
ETY.. it is pointed out and no matter
Uho produces IL the seed Is still OF
that kind, and can be offered for sale
as such by anyone producing it. This
also applies TO strains and breeds OF
live stock.