Trade-marks. Hearings...on H.R. 13486...Jan. 6, 1927.(69-2).1927 - 89 pages |
Common terms and phrases
abandoned ALBERT H amendment American Bar Association answer application for registration believe BLOOM Boston BROWNELL BURLEN canceled CARTER certificate of deposit CHAIRMAN claim Commissioner of Patents Commissioner ROBERTSON common law common-law rights configuration Congress deposit plan deposited mark depositor existing law export Federal FENNING foreign countries foreign registration FRASER gentlemen give going GREENE HAROLD HIRSCH hearing HUGHES infringement interference interstate commerce intrastate LANHAM lawyers legislation manufacturer March 19 notify objection opposed opposition owner ownership package Patent Law Association Patent Law Association's Patent Office PAUL PERKINS present bill present law prima facie proposed protection Quaker Oats Co question record regis registered mark registered trade-marks rejection Rhode Island ROGERS secondary meaning sioner statement statutes suggested Supreme Court telegram territory thing THOMSON tion to-day trade-mark act trade-mark bill trade-mark law trade-mark rights tration trying United Washington WATSON word York City
Popular passages
Page 25 - That nothing in this Act contained, nor any Proceeding, Conviction, or Judgment to be had or taken thereupon, against any Banker, Merchant, Broker, Factor, Attorney, or other Agent as aforesaid, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any such Offence might or would have had if this Act had not been passed...
Page 83 - That owners of trademarks used in commerce with foreign nations, or with the Indian tribes, provided such owners shall be domiciled in the United States, or located in any foreign country or tribes which by treaty, convention, or law, affords similar privileges to citizens of the United States, may obtain registration of such trade-marks by complying with the following requirements: First.
Page 43 - Consists of or comprises a mark which so resembles a mark registered in the Patent Office or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when applied to the goods of the applicant, to cause confusion or mistake or to deceive purchasers...
Page 10 - We think that the intent of Congress is clear. In the opening clause of § 5, it is provided that no mark by which the goods of the owner may be distinguished from other goods of the same class shall be refused registration as a trademark, on account of its nature, unless it consists of, or comprises: (a) immoral or scandalous matter; or (b) certain public insignia. The marks within these excepted classes are withdrawn from the purview of the act.
Page 73 - It was adopted so far only as its principles were suited to the condition of the colonies; and from this circumstance we see what is common law in one State is not so considered in another. The judicial decisions, the usages and customs of the respective States, must determine how far the common law has been introduced and sanctioned in each.
Page 73 - It is clear there can be no common law of the United States. The Federal Government is composed of 24 sovereign and independent States, each of which may have its local usages, customs and common law. There is no principle which pervades the Union and has the authority of law that is not) embodied in the Constitution or laws of the Union.
Page 73 - ... its local usages, customs and common law. There is no principle which pervades the Union and has the authority of law, that is not embodied in the constitution or laws of the Union. The common law could be made a part of our federal system, only by legislative adoption. When, therefore, a common-law right is asserted, we must look to the state in which the controversy originated.
Page 83 - In use by another, and appropriated to merchandise of the same descriptive properties, or which so nearly resemble a registered or known trademark owned and In use by another and appropriated to merchandise of the same descriptive properties, as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchase™, shall not be registered : Provided.
Page 73 - No one will contend that the common law as it existed in England has ever been in force in all its provisions in any State in this Union. It was adopted so far only as its principles were suited to the conditions of the colonies, and from this circumstance we see what is common law in one State is not so considered in another. The judicial decisions, the usages, and customs of the respective States must determine...
Page 73 - States the common law is regarded as in force only as adopted or modified by the constitution, statutes, or usages of the States, respectively. It came to them, and was appropriated by them, and became an integral portion of the laws of the particular States, before the United States Government had existence.