The Washington times., 1925-08-01
TIME LIMIT ON
TRADE MARKS
To EXPIRE
Business Men Are Warned to
Renew Registrations Re-
ceived in 1905
By international News Service

by INTERNATIONAL MOVIE SOENAco
CHICAGO, Aug. Certain man.
ufacturers and others are faced
with the necessity Of renewing their
trademark registrations, or losing
them through neglect, according to
Lee w. Mida, president OF Midas
trademark and patent bureau.
Hundreds of American business
concerns, apparently, are unaware
that, under q statutory provision
the time limitation registration OF
their trademarks is expiring" Mida
said in an interview here. In
1905 a general trademark act, dis
placing the one of 1881, went into
effect, and many trademarks pre-
viously registered under the old
act, as well as many not previously
registered, were registered during
the year 1905. These registrations
were issued for a period Of twenty
years, the term expiring in 1925.
Holders of these registrations have
overlooked the need Of renewal.
Danger In Not Renewing.
"The fact is, there is danger in
falling to renew registrations is
sued in 1906. The renewal Of reg
istration is performed without re-
gard to the present practice or
the Patent Office in scrutinizing
whether the trademark consists,
wholly or in part, Of any feature
that would not be registered, IL
filed as a new application.
For instance, there is a pro-
vision in the act of 1905 that no
mark should be refused registra-
ton If 1t had been. used exclusively
and continually for ten years or
more prior to 1905, thus admitting
word marks Of a descriptive nature.
or marks that are merely geograph-
ical, or personal names, and which
are excluded today from registra-
ton under the Federal statute.
Marks Altered
I'm renewing a registration, how
ever, it is well to consider whether
the mark as used today is identical
with the mark as registered twenty
years ago. Many marks have been
altered in some particular, or, per-
haps, the owner has extended the
use of the mark to goods other
than those covered in the old reg
istration. In either event 1t should
be borne in mind that such a1tera-
tons or extensions cannot be
made in a renewal, which must
harmonic exactly with the mark
as previously registered in appear
ance and in specification of goods.
Where there has been any altera-
ton a new registration, instead of
renewal, would be in order
Mida explained that there Is Il
period OF six months just prior 20
expiration in which renewals can
be effected.
But they cannot be effected
prior to or later than that time"
he added.
Need Protection
while the Patent Office endeav-
ors to protect the owners of obso.
lete registrations by citing them IS
marks of record IN case others at
tempt to register the same or sim
liar marks" Mida continued, such
citations are readily removed, and,
therefore, it behooves the holders
OF registrations to keep the protec-
ton in full and unquestfoned force
by renewal.
in the name of The original regis
trant or his successor" he said in
closing, 1.-The way Is opened for
pirating through issuance Of regis
tration TO a new applicant, in which
case tile rightful owner would face
great difficulty In maintaining the
registration property because of
failure to renew