The application of the Banner Cigar Mfg. Co. (138 Official Gazette, 528) for registration of the portrait and facsimile signature of the late Ex-President Grover Cleveland as a trade-mark was refused, the Commissioner of Patents holding that the use of a trade-mark of this character would detract from the dignity of the high office of President.
The portrait and facsimile signature of Thomas Jefferson was refused registration on the same grounds.
It should be noted that there is no law to prevent any manufacturer desirous of using the name and portrait of an Ex-President (not living) as a trade-mark if he cares to do so, but he cannot register such a trade-mark, and his ability to protect it in the courts in case of infringement is conjectural.
The word "Copyright", the name of a brand of flour, was refused registration on the ground that its registration would be opposed to public policy, since its use in connection with the phrase "Registered in the United States Patent Office" would be likely to impress buyers with the idea that the flour had been approved officially. It was also stated by the Commissioner, before whom the application went on appeal, that its registration might be used to annoy other flour manufacturers, who are obliged by law to give notice of copyright on their labels, by using the word "Copyright" with the date and name of the owner.
The R. M. Rose Company was refused registration for the words "Ask the Revenue Officer" as a trade-mark for whiskey. The objection is that this trade-mark might lead purchasers to believe that the quality of the whiskey thus branded has the approval of the government.
For the same reason the word "Government" was refused registration as a trade-mark for loose-leaf binders.
Affixation
A trade-mark that is not affixed to the goods for which it is registered cannot be protected in the courts.
A mark, or design, or name, that is used only in advertising is not a trade-mark but an advertising symbol. Affixation is an essential requisite of validity in trade-marks.
