Marken

“ Subject to the preceding qualifications a trade-mark may consist of a name, symbol, figure, letter, form, or device, if adopted and used by a manufacturer or merchant in order to designate the goods he manufactures or sells, or to distinguish the same from those manufactured or sold by another, to the end that the goods may be known in the market as his, and to enable him to secure such profits as result from his reputation for skill, industry, and fidelity. ”

“ We are here dealing not with a commodity alone, but with a commodity plus the brand or trade-mark which it bears as evidence of its origin and of the quality of the commodity for which the brand or trade-mark stands. ”

“ If it is true that we live by symbols, it is no less true that we purchase goods by them. A trade-mark is a merchandising short-cut which induces a purchaser to select what he wants, or what he has been led to believe he wants. ”

“ When an article was wanted, it generally had to be hunted for, unless it chanced to fall under the immediate range of vision of salesman or customer, while the crowded shelves and counters presented a bewildering array of tinware, glassware, patent medicines, clocks, trimmed hats, churns, gaudy neckwear, cheap clothing, mock jewelry, hair-oils and colored perfumes put up in glass bottles of seductive shapes, along with sundry articles great and small necessary to the needs and adornment of the people of the surrounding country. ”

“ A little ingenuity, a little taste, an idea of the harmony of colors can do wonders in the interior of any store, no matter what the character of the stock may be, or its quality or quantity. The thing to do is to let your goods tell some clear, legible story that shall be as plain to your customers as was the handwriting on the wall of Belshazzar’s palace to Daniel, the prophet. ”

“ Makers of clothing generally affix their trade-marks to each garment in the shape of a sewed label. Manufacturers of rubber goods, such as rubber tires, water bags, etc., mold the trade-mark into the article itself. ”

“ In a business as far-reaching and as complex as that of Swift & Company, the quality of adaptability in a trade-mark is highly desirable. This trade-mark is of such a character that it may be used with appropriateness upon merchandise, stationery, packages, boxes, sides of cars, and in advertisements. ”

“ The little shops pull at one's heart, so simple is their merchandise. A little window beckons us through which we peer with misted eyes. For narrow shops are often kind to tiny folk scarce counter-high. Above a shop, behind a blind, I've heard a little baby cry. Above a shop, I've often seen a mother's anxious face appear. How many customers have been? The closing hour is drawing near. Great shops, like temples dedicate to merchandise from every mart, are over-lords of their own fate—but little shops tug at the heart! ”

“ The argument is that the use of a trade-mark—that which alone gives it any value—it to identify a particular class or quality of goods as the manufacture, produce, or property of the person who puts them in the general market for sale; that the sale of the article so distinguished is commerce; that the trade-mark is, therefore, a useful and valuable aid or instrument of commerce, and its regulation by virtue of the clause belongs to Congress, and that the act in question is a lawful exercise of this power. ”

“ Remember this, dear, the tag of the maker of your apparel is not the only important mark of an exclusive shop—the principal mark is the cut and style, and these high-grade shops turn out hats, coats and gowns which the other shops endeavor in vain to imitate. That is why one can be recognized in a way by the clothes they wear. ”

“ Since ancient times, the sense of touch and the sensation of feel have been important factors in the buying and selling of practically all commodities. To see a piece of smooth satin partially sells a prospective customer, but to feel its soft texture in her fingers makes the luxury of the fabric a reality, something to own and cherish which will enhance her loveliness, and this hidden value, expressed in the sense of touch, is usually the factor which makes the customer buy better merchandise than she might have considered and which climaxes the sale. ”

“ There are other trade marks almost equally valuable. An adze maker will select as his mark or emblem a pipe, another will put on a hatchet, another a lion, a fourth a goat, according to the class of men whom the tool or implement is likely to reach. The reason why trade marks are stamped on this kind of “dry goods” is that they are often made for a distant market, where the peasantry can understand a simple emblem, when they would not be able to read a maker’s name. ”

“ It should be one of the first objects of all manufacturers to produce stuffs not only beautiful and quaint in design, but also adapted for every-day service, and decorous in humble and secluded life. And you must remember always that your business, as manufacturers, is to form the market, as much as to supply it. ”

“ As a natural result of industrial growth came standardization. As anyone will understand, the man who owns a factory for the making of women’s dresses, chewing gum, cigars, automobiles, men’s hats, must, if his factory is to grow to the huge output he desires, create in the public mind a widespread{13} demand for one kind of cigar, one kind of hat, one style of dress, one make of automobile.
Advertising as a force in our American life began to grow and here it is that the present day American writer came into flower. ”

“ Dealers had erected booths and stalls on the pavement, and overspread them with scanty awnings, beneath which they stood, vociferously crying their merchandise; such as shoes, hats and caps, yarn stockings, cheap jewelry and cutlery, books, chiefly little volumes of a religious Character, and a few French novels; toys, tinware, old iron, cloth, rosaries of beads, crucifixes, cakes, biscuits, sugar-plums, and innumerable little odds and ends, which we see no object in advertising. Baskets of grapes, figs, and pears stood on the ground. ”

“ The trade-mark is the connecting link between the manufacturer and the ultimate consumer. By the use of trade-marks, widely advertised, manufacturers are able to build up a trade that becomes, to a great degree, independent of jobber, wholesaler, and retailer. In the public mind a trade-mark grows, in time, to mean a certain standard of quality, workmanship and material. ”

“ It sometimes happens that an advertising character is a figure or a device that has been formally adopted as a trade-mark of the advertiser's product. The National Lead Company's Dutch painter boy is a device of this kind. While a trade-mark must not be changed, a human figure, used as the trade-mark, may be put into another illustration, and used separately. ”

“ Merchandise is also divided into these three sorts,—navigation, by the which merchandizes are brought, and carried in and out over the seas; invection, by the which commodities are gathered into the city, and dispersed from thence into the country by land and negotiation, which I may call the keeping of a retailing or standing shop. In common speech, they of the first sort be called merchants, and both the other retailers.
Handicraftsmen be those which do exercise such arts as require both labour and cunning, as goldsmiths, tailors, and haberdashers, skinners, etc. ”

“ Jewelry firms issue tempting lists of their wares; china and glass dealers try to secure buyers by offering alluring pages of pictures, many of them in color; dry goods houses send out photographs of suits, hats, and clothing of all sorts. ”

“ Neither dare dealers in galvanized watches or imitation jewelry sell it for gold. They are compelled to display the word "imitation" conspicuously upon their shop front and window; and really imitation jewelry is such an important article of trade, that as much skill is exhausted upon it as in the real article, and dealers vie with each other in producing splendid imitations, some of which are so good that [303] a purchaser may, while the article is worn in its "newest gloss," make a display for ten francs that in the real article would cost as many hundreds. ”

“ Numerous American manufacturers have established retail store outlets of their own, such as the W. L. Douglas Shoe Co., which has now more than 100 stores of its own besides hundreds of agencies scattered through the United States; the Singer Sewing Machine Co., whose retail sales branches are found in nearly every large city ”

“ In truth, a trade-mark confers no monopoly whatever in a proper sense, but is merely a convenient means for facilitating the protection of one's good-will in trade by placing a distinguishing mark or symbol-a commercial signature-upon the merchandise or the package in which it is sold. ”

“ I supply many dealers in New York City and at the West. My retail trade is small. If any of my neighbors want furniture they naturally come to me, and I favor them as to price out of friendly feeling, but I am a manufacturer and wholesale dealer. ”

“ The world in general is now the market which each manufacturer has to supply, and nation after nation becomes a purchaser. It will be an advantage when the particular style of advertising common to sewing-machine warehouses can be dispensed with—the highly-dressed young ladies sitting at their supposed work in elegant attitudes, framed and glazed within plate-glass windows almost extending to the pavement. ”

“ When a trader has sold some particular article under a selected name to such an extent as to secure registration, he has established a special business in which that trade-mark is used, and if the trade-mark becomes so valuable as to induce him to sell it, he must, as a condition of transfer under the statute, assign that special business with the trade-mark of which it was the parent. ”

“ ROPING A STEER TO EXAMINE THE BRAND.
In order to distinguish one animal from another of the cattle running at large on the public domain, the owner must have them branded. In Montana, for instance, there is a 404state law governing brands. A record of brands, with the names of the owners attached, is kept by the secretary of the Board of Stock Commissioners.
SAMPLES FROM THE BRAND BOOK.
A brand of the same resemblance can be used by other parties, but it must be placed on a different part of the animal and so described in the recorder’s book. ”

“ The branches of manufacture which require a knowledge of design, such as calico printing, silk and ribbon weaving, porcelain and pottery, and hardware manufactures, are conducted on a large scale by men of wealth and talent, who, if they would compete successfully with rival manufacturers, find it necessary to study and apply to their own business all the improvements in science, with which their intercourse with society gives them an opportunity of becoming acquainted. ”

“ Not, however, towards the ‘shops’ where cunning artificers work in pearls and diamonds and gold and silver, making their hands so rich, that the enriched water in which they wash them is bought for the refiners;—not towards these does Mr Wegg stump, but towards the poorer shops of small retail traders in commodities to eat and drink and keep folks warm, and of Italian frame-makers, and of barbers, and of brokers, and of dealers in dogs and singing-birds. ”

“ To end with a brief classification, it may be noted that there are dealers whose shops have private rooms in the rear where trade can be carried on in the same way as with a dealer who has no shop. From this double-faced form we pass to the real shopkeeper, the vaster class ranging from the vendor who can afford to fill his window with the choicest samples down to the modest curio shop, the benevolent harbour of the humbler modes of expressing art. ”

“ All the packings, covers, labels, trademarks, and names by which the manufacturer tries to stimulate the attention, the imagination, and the suggestibility of the customer may easily draw a large part of their psychological effectiveness from without, as soon as they imitate the appearance of articles which are well introduced and favored in the market. If the public is familiar with and favorably inclined toward an article on account of its inner values or on account of its being much advertised, a similar name or a similar packing may offer efficient help to a rival article. ”

“ It is a great mistake to think that a successful manufacturer is one who has carefully preserved the secrets of his trade, or that peculiar modes of effecting simple things, processes unknown in other factories, and mysteries beyond the comprehension of the vulgar, are in any way essential to skill as a manufacturer, or to success as a trader."—Professor Solly. ”

“ There is also generally an entire want of organisation, each new manufacturer being absolutely at liberty to adopt any brand or mark that he may think fit to adopt; and though, in most cases, respect is paid to old-established marks, plenty of examples of repetition and overlapping exist. ”

“ One must rely somewhat on the character of the places from which one buys, and not expect good styles and reliable manufacture where commercial success is the dominant note of the business. In truth the careful buyer is not so apt to fail in quality as in harmony, because grade as well as style in different articles and manufactures is to be considered. What is perfectly good in one grade of manufacture will not be in harmony with a higher or lower grade in another. ”