How to Apply for Registration
The registration of trade-marks is under the supervision of the Commissioner of Patents, and regular forms for registration are prescribed. Copies of these forms may be obtained by applying to the Patent Office.
In applying for trade-mark registration, the following provisions of the law must be observed:
1st. The applicant must file a Petition in the Patent Office, addressed to the Commissioner of Patents. This petition must be in regular form, and should be signed and dated.
A valuable and widely advertised trade-mark. Can you guess what the three letters mean?
A trade-mark of the Keystone Watch Case Co.
2nd. With the petition a Statement must be forwarded. This document must give the name, domicile, location and citizenship of the applicant; the class of merchandise and the particular description of goods comprised in such class to which the trade-mark is appropriated; a statement of the mode in which the trade-mark is to be affixed to the goods; and the length of time during which the trade-mark has been used. It is not necessary to give a written description of the trade-mark itself except when it contains colors not shown in the drawing. This statement must be signed by the applicant. Where a corporation is the applicant, the secretary should sign the statement. When a partnership is the applicant, any partner can sign, but the names of all the members of the firm must be given.
Trade-marks applied to fabrics and registered by Theo. Tiedemann & Co.
3rd. There should also be forwarded to the Patent Office, at the same time, a Declaration of the applicant, sworn to before a notary public, to the effect that he believes the statements made in his application are true; that he believes himself to be the owner of the trade-mark sought to be registered; and that said trade-mark is used by him in commerce among the several states of the United States, with the Indian tribes, or with foreign nations; and that the drawing sent with the application truly represents the trade-mark sought to be registered.
4. With this application there must be filed a Drawing of the trade-mark, made according to the following specifications: The size of the sheet on which the drawing is made must be exactly 10 x 15 inches, and the sheet must be of pure white paper, corresponding in thickness to two-sheet Bristol board. The surface of the paper must be calendered and smooth. India ink must be used. One inch from its edges a single marginal line must be drawn, as shown in the accompanying cut, leaving the dimensions inside the border exactly 8 x 13 inches.
The distinctive and eye-catching trade-mark of 20-Mule Team Borax.
Within this border, the drawing and signatures must be included. One of the shorter sides of the sheet is regarded as its top, and measuring downwardly from the marginal line, a space of not less than 1 1/4 inches is to be left blank for the heading of title, name, number and date. All drawing must be made with the pen only. Every line and letter, including signatures, must be absolutely black. The name of the proprietor of the trade-mark, signed by himself, or his attorney of record, must be placed at the lower right-hand corner of the sheet within the marginal lines.
A Diagram Showing Method of Making Drawing
The drawing that accompanies an application for registration of a trade-mark must be made exactly on this pattern. It is essential that these directions be followed.
Coined word used as the name of a fountain pen.
The stork is the appropriate and suggestive trade-mark of the Stork Co. manufacturers of baby things.
5th. With the application five Specimens, or facsimiles, of the trade-mark as actually used upon the goods, must be sent to the Commissioner of Patents.
6th. The Fee for registering a trade-mark is ten dollars, and this amount should be sent with the application.
Trade-mark moulded into the reverse side of every Tapestry Brick.
The foregoing is a brief resumé of the rules for registration. Those intending to register trade-marks should obtain exact forms from the Commissioner of Patents.
A certificate of registration remains in force for twenty years, and it may be renewed from time to time, upon expiration, for like periods of twenty years, upon payment of a renewal fee of ten dollars.
The owner of a trade-mark may prosecute his own application for registration, but he is advised, unless familiar with such matters, to employ a competent attorney. A register of attorneys is kept in the Patent Office, on which is entered the names of all persons entitled to represent applicants before the Patent Office in the prosecution of applications for patents, and any registered attorney will be recognized in the prosecution of applications for registration of trade-marks.