( Originally Published 1918 )
A Trade-Mark is a mark, emblem or symbol which a merchant or manufacturer uses to denote his own goods. It is usually attached to them and may be in the form of letters, words or ornamental designs.
The Right Acquired in a trade-mark is the exclusive right to use it, or, in other words, the right to keep others from using that trade-mark. The right may be acquired by a citizen or a resident foreigner, or a resident of a country having reciprocal treaty, and lasts twenty years, and then the registration must be renewed.
Acquiring a Trade-Mark.-Copyrights cannot be granted upon trade-marks intended to be used for any articles of manufacture.
If protection for such trade-marks is desired, application must be made to the patent office, where they are registered, if admitted, at a fee of ten dollars.
Infringement of a trade-mark is prevented in the same way as in the case of patents, viz., by a suit against the infringer for damages and for an injunction to compel him to cease using it.
What Cannot Be Used as a Trade-Mark.—Nothing immoral or scandalous, or which consists of or comprises the flag, coat of arms or other insignia of the United States or of any state, municipality or foreign nation; or which consists of any fraternal society emblem; or which consists merely of the name of the individual or company not delineated in some distinctive manner descriptive of the goods; or which consists merely in words or devices which are descriptive of the goods; or that is merely a geographical name or term. No portrait of a living individual will be registered as a trade-mark without his or her written consent, and no mark that is used in unlawful business, or upon any injurious article, or which has been used with a design of deceiving the public in the purchase of merchandise, or which has been abandoned.