Trade-marks: Hearings Held Before the Committee on Patents, House of Representatives, Sixty-ninth Congress, First Session, on H. R. 6248, a Bill to Protect Trade-marks Used in Commerce, to Authorize the Registration of Such Trade-marks, and for Other Purposes. March 25, and 26, 1926 |
Common terms and phrases
advertising affidavit American Bar Association American Patent Law application for registration BARBER basis BLOOM cancellation certificate of deposit certificate of registration CHAIRMAN claim clause client Commissioner of Patents Commissioner ROBERTSON committee common law Congress constructive notice deposit plan deposited marks depositor District of Columbia effect entitled Ernst bill export Federal FENNING file an application foreign countries foreign registration FRASER give infringement interest interference interstate commerce issued Ivory soap jurisdiction lawyers LEAVITT litigation LYMAN manufacturer objection opposition origin owner ownership parties patent attorneys Patent Law Association Patent Office patent section PAUL person present law prima facie probationary proceedings proposed protection provision question record regis registered marks registered trade-mark ROGERS secondary meaning statute territory thing THOMSON tion trade trade-mark bill trade-mark law trade-mark rights tration U. S. Patent Office unfair competition vote Washington WATSON WEFALD word
Popular passages
Page 148 - ... that no other person, firm, corporation, or association, to the best of the applicant's knowledge and belief, has the right to use such trademark in the United States, either in the identical form or in such near resemblance thereto as might be calculated to deceive...
Page 5 - Whenever a material mistake in a registration, incurred through the fault of the Patent Office, is clearly disclosed by the records of the Office a certificate stating the fact and nature of such mistake, signed by the Commissioner...
Page 148 - That the application prescribed In the foregoing section. In order to create any right whatever in favor of the party filing It, must be accompanied by a written declaration verified by the applicant, or by a member of the firm or an officer of the corporation or association...
Page 10 - ... to a civil action by any person doing business in the locality falsely indicated as that of origin or in the region in which said locality is situated, or by any person who believes that he is or is likely to be damaged by the use of any such false description or representation.
Page 10 - trade-mark" includes any mark which is entitled to registration under the terms of this act, and whether registered or not, and a trade-mark shall be deemed to be "affixed" to an article when it is placed in any manner in or upon either the article itself or the receptacle or package or upon the envelope or other thing in, by, or with which the goods are packed or inclosed or otherwise prepared for sale or distribution.
Page 182 - Sutton, chairman of the section of patent, trade-mark, and copyright law of the association.
Page 7 - If the court shall find that the amount of the recovery based on profits is either inadequate or excessive the court may in its discretion enter judgment for such sum as the court shall find to be just, according to the circumstances of the case.
Page 88 - Any person who believes that he would be damaged by the registration of a mark...
Page 11 - The Act of Congress approved March 3, 1881, entitled "An Act to authorize the registration of trade-marks and protect the same...
Page 7 - To pay to the copyright proprietor such damages as the copyright proprietor may have suffered due to the infringement, as well as all the profits which the infringer shall have made from such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims...