Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-02-12

average citizen. A trade mark Is a dis
Glnctive word, emblem, symbol or device
or combination of these, used on goods
actually sold in commerce, to indicate
or identify the manufacturer or seller
OF the goods. The mark must have
been used in interstate or foreign COM
merce before an application for regis
tration can be filed in the Patent once.
In most foreign countries the rule is
Just reverse, requiring application for
registration to be made before actual
commercial use Of the device, phrase or
word to be registered as q trade mark,
while we require years of actual use be-
fore registration, and that use must cx-
tent outside OF one State boundary
into interstate or foreign commerce.
A trade mark does not have to be
registered in order that the user thereof
may claim property right to its exclu.
sive use. Without registration, however,
he cannot protect himself in Federal
court and he has to bring evidence into
court to prove his claims, such as the
registration proves once for all time.
Trademark registration is based on
Federal law passed February 20. 1905.
X X X
The trade-marked article may or may
not be patented, or the patent may have
expired, or the invention may be that
Of another owner, II the patent has ex-
pired or was never issued. The trade
mark does not certify anything as to
the invention or patent: it simply an
nounces to commerce that that mark
printed on or attached to articles of
trade is proof that the goods are sold
by the certain firm owning that trade
mark. Two or more merchants or
manufacturers, even in the same city
may offer for sale the Identical article
| under different trade marks. but they
must not infringe on each others marks
in way to confuse the buyer as to
one owner OF a trade mark may cover
with it many items of his merchandise.
1t Is the chief object OF the present
Trade Mark Conference, In session In
the Pan-American Building, to arrive
at an international agreement to adopt
uniform laws for International trade
marks throughout the Western Hen,i-
| sphere.
1t is announced this week that Mr..
Edison's experiment in Florida, seeking
to produce rubber from a weed which
can be grown in the United States, has
| demonstrated its success. One weed"
produces five pounds Of milk" per day.
| Shortly such production will be upon
| commercial basis, making this coun-
| try independent of the rubber monopo-
lies OF Great Britain. Tt Is such ''in~
! ventions' as that which have brought
/ prosperity to the United States. rather
! than profiteering in the World War.
| Ii Mr.. Edison, by breeding or crossing,
/ created this new rubber, he may pat
emit it. Similarly. inventions in ma
chinery and chemicals and many other
wealth producers have been the causes
| Of our phenomenal growth.
| tt is the protection of patents trade
marks ana copyright thst have res
, wsraed Inventors snc authors Ion
their brain ~ork and encouraged aodi-
/, iionsl progress in invention. This was
testiilsd to in q accent article by Sir
Robert A. Hadfield of Shefaeld. Eng
land. o great inventor ana manufac-
| turer. He said:
"As showing how patents for inven-
tons strike new nation, 1t may
be mentioned that the japanese gov
eminent, when considering the estab-
! lishment of a patent system on the
| lines of that created by the American
patent act of 1899, appointed Mr..
/; Takanashi their special commissioner
+: to Washington, D. c. On being asked
why the people Of Japan desired TO
have patent system, he replied:
1T is only since Commodore Perry,
/ in 1854, opened the ports of Japan to
j foreign commerce that the Japanese
| have been trying to become great
! nation, and we have looked about us
| to see what nations are the greatest,
| so that we can be like them, and we
said: There Is the United States. not
much more than 100 years old. ana
America not discovered by Columbus
until 400 years ago." We said: what
| is 1t that makes the United States such
great nation?" and we investigated
| and found that IL was patents
1.-THE writer (Sir Robert) in every way
agrees with this wise statement and
wishes his countrymen would insist
upon q British Parliament giving to
the British empire q patent law as
liberal and as equitable as that Of the
United States of America"
! Copyright. 1929, by PAU V. collins.)
a.. T. III = ~ 4 Is