TRADE-MARKS 
A trade-mark is a distinctive word, emblem, symbol, or device, 
or a 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 commerce, or in 
commerce with the Indian tribes, before an application for registra- 
tion can be filed in the Patent Office. 
A trade-mark can not be registered if it contains immoral or 
scandalous matter. No one can register a mark including the flag or 
coat of arms or other insignia of the United States or any simulation 
thereof, or of any State or municipality or of any foreign nation, or of 
any design or picture that has been or may hereafter be adopted by 
any fraternal society as its emblem. Registration is prohibited of any 
name, distinguishing mark, character, emblem, colors, flag, or banner, 
adopted by any institution, organization, club, or society which was 
incorporated in any State of the United States prior to the date of 
adoption and use by the applicant provided use by the organization 
was prior to use by applicant. No portrait of a living individual may 
be registered as a trade-mark except by the written consent of the 
individual, nor may the portrait of any deceased President of the 
United States be registered during the life of his widow except by: 
written consent of the widow. No mark which is identical with 
that used by another on the same class of goods, or so nearly resem- 
bles it as to be likely to cause confusion in trade, can be registered. 
These limitations do not prevent the registration of a trade-mark 
merely because it is the name of the applicant, provided it is dis- 
tinctively written or printed. 
Any mark which has been in actual and exclusive use as a trade- 
mark by the applicant during the 10 years next preceding February 
20, 1905, may be registered (see Form D, p. 14), and such a mark when 
once registered may be reregistered when used on other goods of 
the owner of the mark. (See Form E. p. 14.) 
Trade-marks are not protected by the copyright laws. 
Trade-marks in general are registered under the act of February 
20, 1905, but no mark can be registered under this act which consists 
merely of the name of an individual, firm, corporation, or association, 
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