P.S. A manufacturer who intends to apply for the registration of a new trade-mark should take the precaution to have the files of the Patent Office searched to ascertain if a trade-mark like his, or similar to it, has been already registered for the same class of merchandise. This should be done before application for registration is made.
When application to register a trade-mark is filed, the trade-mark must be already in use. This use may be limited to affixation upon a small consignment of goods, but it must be a genuine and actual use of the trade-mark.
This being so, it is worth while to ascertain if the proposed trade-mark has already been registered. There are 39,000 registered trade-marks in existence, divided among forty-nine classes of merchandise. Thousands of trade-marks have been registered for some classes. It is not unusual for an applicant to find that the trade-mark he has intended to use has been adopted by someone else.
FOOTNOTES:
[1] "The verification required by this section may be made before any person within the United States authorized by law to administer oaths, or when the applicant resides in a foreign country, before any minister, chargé d'affaires, consul, or commercial agent holding commission under the government of the United States, or before any notary public, judge, or magistrate having an official seal and authorized to administer oaths in the foreign country in which the applicant may be, whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States."—(Extract from Section 2, Act of 1905.)
[2] The name Yale, or any similar name, can be registered as a trade-mark only when the applicant can take advantage of the ten years' clause. The word "Yale" as applied to hosiery has been refused registration on the ground that it is a geographical term.
Transcriber's Notes:
Many illustrations contain text, which is included in the img alt attribute for these illustrations. Text that appears on different lines in an illustration is separated by commas in an alt attribute.
Footnotes have been moved to the end of the text and relabeled consecutively through the document.
Illustrations and sidebars have been moved to paragraph breaks near where they are mentioned.