Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-10-29

Will be the best guarantee that no
earlier user has acquired it, and the
same novelty will lend itself well to
advertising.
After a trade mark has been select
ed, he next step is the application OF
that mark to the goods or containers.
and their sale. This must precede any
application for registration of the
trade mark, and should precede any
advertising of the mark, lest some out
slider gain possession of the mark by
actually using it on a product before
the advertiser has done SO. 1t is wise
to register trade marks in the United
states Patent office, for this simpl1fies
the task of preventing Infringement;
but registration only establishes a pre-
sumption of the ownership, which is
oyerthrown if another can prove that
he was the first to use it. Even IN
registered marks are protected in this
country to some extent. In many
foreign countries, however. any per-
son who registers the trade mark,
rightly or wrongly, controls it.
Advertising prints and labels differ
from bridesmaids in that they are
supposed to posses some slight artistic
qualities, and are usually descriptive
of the article upon which the labels
are to be placed, or in the advertise
ment of which prints are to be used.
These should never be published or
used without bearing the word copy
right" or the symbol (C1, together
with the name of the proprietor. After
the print orr label has been published
or used bearing such a copyright
notice, an application may be made for
its registration.
Too Many Trade Marks Unwise
Some times a trade name may brand
a whole family of products, like Col
gate's toilet goods, or Heinz's canned
goods, preserves and pickles. Their is
danger in having too many trade names
or trade marks. 1t is better to use a
general trade name as the common
mark of many products. The manufac-
turer who tries to build good Will Tor
several names weakens it's advertising.
Especially is it wasteful to advertise
more than one brand at q time, for
her each trade mark so completes
against the other that each has less
than a proportionate chance to make
it's impression. Many examples prove
the advantage of concentration. One
manufacturer of several brands drop
ped all but one, and concentrated his
entire advertising effort upon that one.
In this way he built a business on a
single article of four times the volume
of his previous business on eight
articles. Conversely it is true that most
manufacturers who have successfully
marketed one brand have been unsuc-
cessful in trying to market additional
brands later on.
A trade name is practically the
same as a trade mark. Technically,
the one is a name the other Is a
mark, such as a seal or a pictorial
figure. or some other design insepa-
rably associated with the name and
the product. But the same princi-
pies of law govern each. One i'm
point of difference is that
a trade mark consisting of an emblem
may be changed without detractlng from
good will. Sometimes it is desirable
to abandon q trade mark; for instance.
the picture of a woman may become
so out of style that its continuation
will make the product seem somewhat
.antiquated.
Sometimes an arrow, a triangle, an
animal may be as strong a property
right as a trade name itself, when
it has become definitely associated
in the public mind with a certain kind
Of product. Like the steel frame
work in a skyscraper, the trade name
or trade mark may be the skeleton on
which the whole structure Of public
persuasion is built. Even a slogan
like 1T pours' in connection with
Morton's salt, "chases dirt" in con-
~nection with Old Dutch Cleanser,
most miles per dollar" in connection
with Firestone tires, the universal
car" in connection with the Ford
even slogans like these may form the
spool on which the thread of per
suasion is wound. But these slogans
are too descriptive to be true trade
marks, and can seldom be protected.
Continuity of Advertising Essential
Copyright is often confused with