Evening star., 1938-03-14
TRADEMARK BILL
TO DRAW D. c. FIRE
Superseding Common Law
Now Prevailing Here
Is Feared.
BY WILL p. KENNEDY.


District merchants and other i'm
portant business interests are prepared
to make vigorous protest at the hear
lngs which start tomorrow in the
caucus room OF the Old House Of1ice
Building before subcommittee of the
Patents Committee on a bill sponsored
by Chairman Lanham.
Washington attorneys specializing in
trademark and patent law have ad-
vised these Washington merchants
that while the Lanham bill proposes
a wholly new Federal trade mark law
1t is OF particular interest in the
District Of Columbia because it pro-
poses to supersede the common law
of trademarks which now prevails
here, and at the same time places
trademark rights in the District in
the same category with trademarks
used in interstate and foreign COM
merce.
Previous Contention.
1t is the contention of these experts
that until now, trademarks and trade
names used more or less exclusively
within the District have not been
eligible for registration Alnder the
Federal Trade Mark statute and in
fringement of q trademark wholly
within the District has not been
actionable under the Federal law.
Lacking its trademark law, while
every State in the Union has one, the
Districts protection of trade marks
has been, up to this time, subject to
the common law inherited from Eng
land, which 1t is now proposed, under
the Lanham bill. should be wiped out.
With the exception of beverage and
bottle marks, the District code pro-
vides no official facilities for register
ing claims to trademarks used in the
District, it is argued, so that trade
mark owners here would be deprived Of
procedural advantages or registration
afforded to trademark owners in all
the States of the Union.
The Lanham bill seeks to cure this
situation by making the Federal act
applicable to all commerce subject
to regulation by Congress" This, of
course, includes the District.
Other Provisions.
In addition, the bill makes provi-
sion for registration of "any trade
name or device used in COM
merce -" in relation to specific
goods or service, in the same manner
and with the same effect" and subject
to the same protection as other trade
mQrkC II nooknR f,,1 fD
ANY mark in commerce" until it has
been deposited in the Patent Office.
This means, District trademark attor-
neys explain. that if the bill is enacted
into law in its present form, local
business interests will find themselves
facing three serious barriers:
l. No one can Use ANY mark" COM
mercially in the District until it has
been deposited in the Patent Office.
They are fearful that this applies not
only to actual trade marks affixed to
merchandise, containers. ETC., but to
names Of laundries, hospitals, apart
ments and other business enterprises;
names Of stores, store fronts. news
paper columns, taxicab colorings,
marks on trucks, corporate names
anything in the nature of q mark"
used commercially in the District
2. 1t is argued that this deposit"
offers no protection against infringe
ment, but for such protection the
user must apply for registration"
under another section of the bill, and
such application will be denied if the
same or similar mark is already in
use elsewhere as soon as the earlier
user secures registration. However,
the District merchant, If he is the
first user. can prevent any one far
afield from obtaining registration or
protection, even though there be but
slight likelihood of actual competition
or confusion.
Likely Handicap.
3. Since many marks and names,
particularly for enterprises local in
scope, such as apartments. theaters.
periShable ROods etc ~ are llsed i,v