 | United States. Patent Office - Copyright - 1884 - 580 pages
...v. Clark, supra, said : The trade-mark must, either by it gulf or by association, point distinctly to the origin or ownership of the article to which it is applied. And two rules are stated by him in restriction of the right of selection: No one can clnim... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1871 - 756 pages
...element, are not appropriable as trade-marks. 1. To constitute a private trade-mark, it must denote either the origin or ownership of the article to which it is affixed. (Upton on Trade-marks, 86. Amoskeag Manufacturing Co. v. Spear, 2 Sandf. 599. Fetridge v. Wells, 13... | |
 | United States. Supreme Court - Law reports, digests, etc - 1872 - 1546 pages
...Opinion of the court. the authorities.* Hence the trade-mark must either by iteelf, or by association, point distinctively to the origin or ownership of the article to which it is applied. The reason of this is that unless it does, neither can he who first adopted it be injured... | |
 | Austin Abbott - Civil procedure - 1872 - 576 pages
...element, are not applicable as trademarks. First. To constitute a private trademark, it must denote either the origin or ownership of the article to which it is affixed (Upton on Trade i/i., 80; Anioskeag Mannf. Co. v. Spear, 2 Sand/., 599; Fetridge v. •Wells, 13 How.... | |
 | William Henry Browne - Industrial laws and legislation - 1873 - 720 pages
...enunciated, and settled beyond question, viz.: The office of a trade-mark is to point out distinctively the origin or ownership of the article to which it is affixed, or, in other words, to give notice who was the producer. § 145. The difficulty is this: What does... | |
 | Charles Sidney Whitman - Copyright - 1875 - 814 pages
...Silverlock, 39 English Law and Equity, 514. Hence the trade-mark must either by itself, or by association, point distinctively to the origin or ownership of the article to which it is applied. The reason of this is that unless it does, neither can he who first adopted it be injured... | |
 | Jabez S. Holmes - Law reports, digests, etc - 1877 - 596 pages
...ingredients, cannot be adopted as a trade-mark, so as to give a right to the exclusive use of it. The office of a trade-mark is to point distinctively to the origin...with equal truth and the same right, the same marks 1'or like products. Geographical names, which point out only the place of production, and not the producer,... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1877 - 648 pages
...Healing Balsam," which was originally given to the medicine by the inventor, "points out distinctly the origin or ownership of the article to which it is affixed," and the words " were Filkins v. Blackman. appropriated as designating the true origin or ownership... | |
 | Law - 1877 - 510 pages
...is, that where the trade-mark, in its original signification or by association, distinctively points to the origin or ownership of the article to which it is applied, it will be protected. But where it is a generic or geographical name, designating a city or... | |
 | Law - 1877 - 510 pages
...is, that where the trade-mark, in its original signification or by association, distinctively points to the origin or ownership of the article to which it is applied, it will be protected. But where it is a generic or geographical name, designating a city or... | |
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The office of a trademark is to point out distinctively the origin or ownership of the article to which it is affixed or, in other words, to give notice who was the producer. 
