Full text: General information about protection of trade marks prints and labels

An applicant does not lose any common law right he may have by 
applying for registration of his trade-mark. 
Registration gives prima facie evidence of ownership, the right to 
sue in the United States courts with increase of damages and de- 
struction of infringers’ labels, ete., together with the right to prevent 
importation of goods bearing an infringing mark. 
On complying with regulations of the Treasury Department and 
filing there a certified copy of a registered mark the collectors of 
customs will prohibit importation of foreign goods copying or sim- 
ulating the mark. 
Many foreign countries will not register a mark for a citizen of the 
United States unless it is registered in the United States Patent Office. 
The law makes no provision for the registration of a trade-mark by 
joint owners unless they apply as a firm. 
The registration of a mark protects not only that mark but any 
mark so like it as to cause confusion or mistake or to deceive pur- 
chasers. 
A registrable mark is one used with merchandise. The law makes 
no provision for the registration of marks used only in connection 
with service, such as insurance, bonding, banks, collection agencies, 
laundry work, cab service, and the like. 
The mere names of varieties of fowls, animals, fishes, and vegeta- 
tion can not be registered as trade-marks; e. g., anyone raising Jersey 
cattle or Fultz wheat has a right to sell the natural increase thereof 
under the same name. 
The use of a registered mark on new articles of a kind similar to 
those named in the registration is generally protected, but a complete 
new application covering such goods may be filed. All the goods in a 
single official class on which the mark has been actually used may be 
included in one application. 
The Patent Office will not pass favorably on an application for 
registration of a trade-mark for a meat product until at least one of 
the labels filed in this office has been stamped “Approved” by the 
Bureau of Animal Industry, Department of Agriculture. 
The presence of a guarantee serial number from the Bureau of 
Chemistry, Department of Agriculture, is not required. 
Applicants are advised to employ competent attorneys in all 
trade-mark matters. 
An attorney may be appointed only by written power of attorney 
(see Forms J and K, p. 15) filed in each case and signed by the 
applicant. Thereafter correspondence will be held with the attorney 
only. A double correspondence with an applicant and his attorney, 
or with two attorneys, will not be permitted. 
Powers of attorney may be revoked upon application to and 
approval by the commissioner, and when so revoked the office will
	        
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