"Better than Mother's" Mince Meat was held to be invalid as a trade-mark, as it is obviously indicative of quality.
A complicated and involved trade-mark.
A descriptive word in a foreign language cannot be exclusively, appropriated as a trade-mark. The word "Matzoon" in Armenian means "fermented milk". It was held, in the case of Dadirrian v Yacubian that this word, applied to a preparation of fermented milk, was not a valid trade-mark.
Arbitrary symbols, numbers or words in common use in any line of trade to designate grades, or varieties, of products, are held to have become descriptive by usage. "Lake", "Cylinder", and "New York" are trade names used to indicate qualities of glass. They were refused registration on the ground that they were descriptive appellatives. Note that one of the names, "New York", would have been considered invalid on the ground of being a geographical term.
"A No. 1", "A X No. 1" and "No. 1", used by a plow manufacturer to indicate size and shape of plows, were considered descriptive terms, and, therefore, not valid trade-marks.
While descriptive numbers cannot be registered as trade-marks, it is permitted to register numbers that are used as arbitrary symbols. A celebrated instance of a number used as a trade-mark is "4711" used to designate a line of toilet articles. When the manufacture of the famous "4711" Perfume began, the owner's place of business was at 4711 Glockengasse, in Cologne. The street number "4711" was placed on the label, and it is to-day one of the oldest trade-marks in existence, having been used for about one hundred and twenty-five years. The house at 4711 Glockengasse has long since disappeared, and "4711" is now only an arbitrary symbol.
A manufacturer of hooks and eyes applied for registration of the phrase "Rust? Never!" as a trade-mark. Registration was refused, as the mark was held to be descriptive, indicating that the hooks and eyes would never rust.
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J. W. T.
Advertising
Service
An advertising agency's claim to an advertiser's consideration must be based on the service that it gives.