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