Evening star., 1928-04-29
Trade Mark Protection
BY Legislation Sought
BY HARDEN COLFAX.

Good viii. that most precious OF the
jewels which bedeck business, is prom
lsed greater protection through proposed
amendment and consolidation of the
trade mark laws
A bin reported favorahly TO the House
last week by It's patents committee.
| after efforts to compromise differing
| views that have extended through the
| lives OF several Congresses. Is declared
by Its advocates not only to promise
| increased protection to the business
man, but also to augur benefits TO the
| ll0,000,000 consumers of the United
| States.
| The reputation Of merchandise is al
most as delicate rs that OF woman.
| Piracy Of brand name or of q symbol
which has come TO stand for favorable
characteristics and Its use ON inferior
| goods OF like kind As equivalent to a
| high crime. The trade mark came into
being far back In the stone age. II Is
common law right OF great antiquity
| Yet It's protection remains problem
| for ultra-moderns to solve.
| The States have common law: the
Federal Government has none The
common law enforced by the United
States courts Ii that OF the various
GtatcS 4AAA new utkl plhOcu pciOEt
| Congress seeks to put into statute the
common law of trade marks applied 10
commerce over which the Federal Gov
ernment has Jurisdiction.
| -
Deception of the public Is possible so
long as laws are weak In the protection
OF trade marks. The good win OF the
merchant, and Of the manufacturer. Is
| Mt stake also In the issue.
| One OF the most progressive steps
contemplated In the pending bill Is the
| provision for the establishment of n
museum of trade marks In the Patent
Office. There are hundreds OF thou
sands OF marks In use: many OF them
duplicates, and many OF these dupli-
| Gates perfectly legitimate. Many husi-
ness men do not register their marks,
content to rest upon the common law
which grants them the right Of recov-
cry for deliberate theft Of their marks.
In this day OF the advertising age
when the public has reached the point
Of filling many OF It's wants under the
influence OF the printed word and faith
in Its message, plus confidence In the
merchant, many an ambitious cam
paign Is held back because OF the necee-
aity OF detailed search to diacoyer
whether the trade mark selected for a
new article already Ia In use by some
other, and possibly very obscure, busi-
ness man. This lesson has been learned
at considerable expense. Indeed there
are possibilities OF form OF business
blackmail through unconscious adoption
OF mark already In usu by another.
Through building UP In the Patent
| once a record of trade marks the way
will be made easy for those who now
have to apply to many different sources.
at considerable expense OF time and
money, and then sometimes and them~
, selves In error. There Ia, Of course q
record now OF marks which have been
| registered, Entry In the Patent once
| Of unregistered marks would give no
prior right 10 their uae that would re-
main 10 be determined IN each case of
| conflict II tho issue should arise,
| II Ii proposed In this new bill also
that provisions be made for easier regia~
tration Of marks which have acquired
a secondary meaning distinguishing the
applicants goods. New York bread"
for broad example, Ia merely geo.
| graphical term applied to commodity,
and under eNiatlng law could rot he
registered a. a trade mark without eA~