Label (product)

“ Where a Party requires a manufacturer or supplier of a cosmetic product to indicate information on the product’s label, the Party shall permit the manufacturer or supplier to indicate the required information by relabeling the product or supplementary labelling of the product in accordance with the Party's domestic requirements after importation but prior to offering the product for sale or supply in the Party’s territory. ”

“ It shall be unlawful for any person, either as principal or agent, engaged in the labeling or packaging of any consumer product, to display or distribute or to cause to be displayed or distributed in commerce any consumer product whose package or label does not conform to the provisions of this Chapter. ”

“ 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. ”

“ The Commission's view is that labels do not differentiate products for the purpose of determining grade or quality, even though the one label may have more customer appeal and command a higher price in the marketplace from a substantial segment of the public. ”

“ The slip of paper has been cut with scissors to fit the label, and it has then been pasted on to the surface that it has been made to fit, when all this waste of time and trouble—which, in practice, means money—could have been saved by printing the name on the label itself. ”

“ In order to test this, two labels of contrasting treatment are pictured mounted on a sheet of conventional wrapping paper.
It will be admitted that the stronger label is more striking and catches the attention. There are those who will prefer the weaker label because of its neatness and beauty, yet we must not lose sight of the fact that labels, unlike business cards and letterheads, are not usually seen at close range when on packages. A business card is examined a few inches from the eyes, while a label on a package is frequently viewed from a point several feet away. ”

“ In most instances, when in ostensible compliance with the law, a package bears a label purporting to state the actual nature of its contents, the label is either printed in such small type, or is placed in so inconspicuous a position, that the buyer is in ignorance of its existence at the time the purchase is made. ”

“ In ordering goods of any kind, care should be used to state very explicitly the color, size, quality, and quantity of the articles desired. If manufactured goods, the name of the manufacturer, or his trade mark or brand, should be given. ”

“ It is often considered desirable to register the name of a product as a trade-mark. Consequently, in the case of new products, the selection of a trade-mark often means the selection of a name for the merchandise with which the trade-mark is to be used. ”

“ Symbols or devices used by a manufacturer or merchant to distinguish the products, manufactures, or merchandise which he produces, manufactures, or sells, from that of others, are called and known by the name of trade-marks. They are used in order that such products, manufactures, or merchandise may be known as belonging to the owner of the symbol or device, and that he may secure the profits from its reputation or superiority. ”

“ In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the (Administrator) shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. * * *
'Sec. 403. A food shall be deemed to be misbranded * * *
' (c) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word 'imitation' and, immediately thereafter, the name of the food imitated. ”

“ But here we are concerned only with the choice of one ingredient of the product. There can be no description of a composition of matter without some designation of its ingredients. If the selection or choice or designation of an essential ingredient of a composition of matter may be referred to, inaccurately as we think, as a process, the 'process' is one inseparable from the composition itself. The description of one necessarily limits the other. Hence the patent of the product cannot extend beyond a product having the designated ingredient. ”

“ Further on, we come to a small apartment where the operation of sorting the labels for enveloping each packet of twenty cigarettes, takes place. The labels are fresh from the printers; a workman is standing before a round movable table, and as this revolves, he drops them into little boxes belonging to their respective patterns. Each label is stamped with the Honradez figure of Justice, accompanied either by a charade, a comic verse, a piece of dance music on a small scale, an illuminated coat of arms, or a monogram pattern for Berlin wool-work. ”

“ That this is not more often done is due to neglect of advertising opportunities and to fear of the customer’s objection. Why should not the printer mark his product as other craftsmen and manufacturers do? Each piece of clothing he wears, from hat to shoes, probably carries the name or trademark of its maker, as do automobiles, pianos, watches, silverware and many other articles he owns. ”

“ Proprietary features or brand names shall be avoided. If a brand name or proprietary
feature is included in a specification, offerors must be notified of the features of the
brand name and be advised that they may offer an equivalent or equal product. ”

“ 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. ”

“ Not only must there be sufficient volume of a given product, but it must be so standardized with regard to varieties, grade and quantities or packages that the reputation of the goods may be established in the market. ”

“ The selection of the wrapping stock should of course be governed by the character of the business and the class of customers, but as in similar instances, it is dangerous to underestimate the taste of one’s customers. The persons who lack appreciation of a neatly wrapped and attractive package are very few indeed.
Among merchants, druggists are known to wrap the neatest packages. This seems to be due in part to their professional training. Not many printers give their product a similar attractiveness at the time of delivery.
EXAMPLE 325
A hand-lettered design for typographic study ”

“ Mention may also be made of the fact that the color of the label and the wax impression on the top of the box are well suited to divert the attention of the unsuspecting buyer from any critical examination of the prepared article. ”

“ Some apparently very good letters have quite failed to sell what turned out to be bad products. Therefore, the information that is obtained in the circularizing and sale of one product has to be taken warily when applied to another product. ”

“ 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. ”

“ The attention of the manufacturer should be directed to the use of his materials in such proportions as will furnish, in the melting-pot, the proper quantities of the essential ingredients, as determined from the known composition of the best commercial samples. The purity of the raw materials and the accuracy of his proportions and quantities are proved or disproved by the excellence of the product ”

“ 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. ”

“ If you will make your packages into two thirds of an ounce each and put a label like that on them, you will be giving the people what they want and can understand, and it will save a lot of trouble all around. ”

“ Every brand issued shall be used upon the outside of the cheese and also upon the package containing the same, and shall bear a different number for each separate manufactory, and the commissioner shall keep a book in which shall be registered the name, location and number of each manufactory using the said brand, and the name or names of the persons at each manufactory authorised to use the same. ”

“ Other tacks, with heads of a different color or coiled wire heads for holding labels, are used to indicate special facts—as, competition strong, customer ready to buy, claim to be adjusted, or collections to be made. ”

“ Thousands of persons each year see in this little collection something that by its beauty or oddity attracts them, and the provision of a general label showing that all are hardy, and of the individual label, telling its name, causes them to wish it for their own garden and enables them to order it of their florist, or, if he does not know how to supply it, puts them in the way of seeking it in the lists of other dealers. ”

“ From their columns he gathers materials for his own, and thus makes the same business use of them as does the merchant of his goods or the manufacturer of the raw material which he proposes to manufacture into fabric. ”

“ It is a curious fact that so many manufacturers of proprietary articles, when confronted with some well-advertised trade-name or mark of a rival manufacturer, seem to find their inventive faculties so singularly unresponsive to their efforts to differentiate. ”

“ A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing. ”

“ Example 323 (Insert) .—As has been said, this label shows the effectiveness of heavy effects. A design such as this has advertising value. It can be seen and read at some distance, yet is not offensive in appearance. The red border is attractive, and merges the label with the wrapping background. The type-face has decorative quality. The combination of black, red and cream in strong contrasts is worthy of study. As will be noticed, all capitals have been used, and there is not much space between the lines or between border and type-face. ”

“ That no article of imported merchandise which shall copy or simulate the name or trade-mark of any domestic manufacture or manufacturer, or which shall bear a name or mark which is calculated to induce the public to believe that the article is manufactured in the United States, shall be admitted to entry at any customhouse of the United States. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ Industrial and Food EXPOSITIONS IN EUROPE AND AMERICA. Caution: In view of the many imitations of the labels and wrappers on our goods, consumers should make sure that our place of manufacture, namely, Dorchester, Mass. is printed on each package. ”

“ If this is done the mucilage or gum on the labels when purchased will be found usually to stick well. After the call-number is written, varnish the label with a thin solution of shellac in alcohol. Labels put on in this way will keep clean, remain legible, and rarely come off. ”

“ A trade mark registered as a defensive trade mark and that trade mark as otherwise registered in the name of the same proprietor shall, notwithstanding that the respective registrations are in respect of different goods or services, be deemed to be, and shall be registered as, associated trade marks. ”