Trade mark

“ 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. ”

“ An American trade-mark is registered for use in connection with a specific product, or for use in connection with a class of merchandise, all the units of which have the same general descriptive qualities. ”

“ 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 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ American owners of trade-marks who expect to do business in foreign countries should not neglect the registration of their trade-marks abroad. A failure to observe this precaution has led, in some cases, to a situation where the American owner, entering the foreign field, found his trade-mark already appropriated. ”

“ The trade-mark laws of various foreign countries differ greatly, in some instances, from the United States law. A manufacturer who desires to do business in a foreign country should consult a trade-mark attorney who specializes in foreign trade-mark registration and protection, and be guided by his advice. ”

“ As an identifying mark, owned by the manufacturer, and in the ownership of which the law protects him in order that no competitor may reap the advantage of the selling effort and advertising put forth by the owner of the trade-mark. This protects the manufacturer. ”

“ 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. ”

“ Any attempt, however, to identify the essential characteristics of a trade-mark with inventions and discoveries in the arts and sciences, or with the writings of authors, will show that the effort is surrounded with insurmountable difficulties. ”

“ For the purpose of classification the Patent Office has issued a list of forty-nine general classes of merchandise. An applicant for the registration of a trade-mark must specify the class of merchandise with which his mark has been used, and must describe the particular goods in that class on which it has been used. In case his application is granted, his right to use the trade-mark is confined to the line of products named in his application. ”

“ The ownership of an advertised and favorably known trade-mark is, therefore, a valuable property right. In estimating the assets of a business, its trade-mark is included under the head of Good-Will, and Good-Will is Reputation. ”

“ No sooner, we are told, does an English trade mark become famous abroad, than the agents for the German houses immediately send word home to have it forged, and within six months a consignment of the spurious article enters the field, at a rate so low that the genuine article is driven out of the market. ”

“ Where a trade mark has been determined to be well-known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act. ”

“ A trade name of a firm, a corporate name, or the name of a publication, although they are not strictly trade marks, are, nevertheless, of the same nature as a trade mark, and will be protected in the same manner. ”

“ 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. ”

“ 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. ”

“ In cases where the business is of such a personal nature that the trade-mark or trade-name is identified in the public mind with the work of some particular individual, it is obvious that deception would be practised if the same identifying mark were used after that individual had ceased his connection with the enterprise. ”

“ And, consequently, the expanding circle of a manufacturer's trade rippled out with exceeding slowness. A national sale of any product was the result of perhaps several generations of slowly expanding effort—and when once established, it was generally entrenched far beyond the reach of competitors or substitutes. People lived simply, and manufactured articles were few. ”

“ The application in India of trade mark to goods to be exported from India or in relation to services for use outside India and any other act done in India in relation to goods to be so exported or services so rendered outside India which, if done in relation to goods to be sold or services provided or otherwise traded in within India would constitute use of a trad mark therein, shall be deemed to constitute use of the trade mark in relation to those goods or services for any purpose for which such use is material under this Act or any other law. ”

“ 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. ”

“ The person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for such assignment. ”

“ When one stops to consider that much over 80 per cent. of the population of these countries are unable to either read or write, and that they are therefore forced to recognize an article by some distinguishing sign or character, 282the great value of an easily discernible, prominent and effective trade-mark becomes obvious. As a matter of fact the Indians who make up the greater portion of the purchasing public of these countries know goods only by brands and ask the storekeeper for them by their distinguishing names. ”

“ Standards of quality.—The machinery of exchange also involves standard units of quality, but these must vary with every different kind of commodity. Custom has given rise to all sorts of devices for expressing degrees of fineness, strength and hardness, as well as more delicate qualities of flavor and odor. Boards of Trade often establish offices of inspection with brands upon grains, flour, butter, pork, etc., and these become definite parts of a contract which the government rightly enforces. Private trade-marks and brands, if honestly used, become a prominent element in exchange. ”

“ I have been a "pocket" miner—a sort of gold mining not findable in any but one little spot in the world, so far as I know. I know how, with horn and water, to find the trail of a pocket and trace it step by step and stage by stage up the mountain to its source, and find the compact little nest of yellow metal reposing in its secret home under the ground. I know the language of that trade, that capricious trade, that fas cinating buried-treasure trade, and can catch any writer who tries to use it without having learned it by the sweat of his brow and the labor of his hands. ”

“ One whole duke and six dukelets; why, Sandy, it was an elegant haul. Knight-errantry is a most chuckle-headed trade, and it is tedious hard work, too, but I begin to see that there is money in it, after all, if you have luck. Not that I would ever engage in it as a business, for I wouldn't. No sound and legitimate business can be established on a basis of speculation. A successful whirl in the knight-errantry line—now what is it when you blow away the nonsense and come down to the cold facts? ”

“ Whereas, since the normalization of bilateral relations between the United States and the People’s Republic of China in the 1970s, the United States has shown good will to the People’s Republic of China by focusing on an expansion of bilateral trade while deferring discussion of repayment of the People’s Republic of China’s defaulted national debt ”

“ Classes of wares imported; manufactures.—The table shows, on its face, only one thing with clearness, that the people used already a considerable part of their surplus to478 purchase articles of food, of the nature rather of luxuries than of necessaries, which could not be produced to advantage at home. This feature has ever since characterized the import trade of the country. In the recent commerce of the United States we find, beside the class of colonial products, two other classes comprising the bulk of the remaining imports, manufactures and material for manufacturing. ”

“ If from investigation it appears that there is a market for one’s goods in any section or universally, that quality and prices can be such as to make competition favorable, that the market can be enlarged, or should there be none that one can be created, and a determination is therefore formed to enter export trade, the next question is how the goods shall be sold. ”

“ Silks stand here for sample of all French commodities of whatever name and cottons for all English goods whatsoever; and England and France stand in the illustration for any and all nationalities. Any nation obtains any share or a greater share in the commerce of the world solely in virtue of a greater relative efficiency in producing something valuable, as compared with some other nation's power in producing something else that is valuable.
4. How does the varying play of International Demand affect the value of articles in foreign trade? ”

“ The sum of the doctrine of the writers of the work on the subject of foreign commerce is given in the following words:—"That trade which makes money flow in most plentifully upon us, enables our people to subsist themselves better by their labour, raises the value of our lands, and occasions our rent to be better paid, must always be reckoned the best trade; for these are the only rules by which it is possible to state and determine the value of any particular trade, or of the general trade of the whole nation." ”

“ III. For the importing and bringing in from abroad all kinds of foreign growth and manufactures which we want.
IV. For the carrying about and dispersing, as well our own growth and manufactures as the foreign imported growth and manufactures of other nations, to the retailer, and by them to the last consumer, which is the utmost end of all trade ”

“ It encourages the importation of the materials of manufacture, in order that our own people may be enabled to work them up more cheaply, and thereby prevent a greater and more valuable importation of the manufactured commodities. I do not observe, at least in our Statute Book, any encouragement given to the importation of the instruments of trade. When manufactures have advanced to a certain pitch of greatness, the fabrication of the instruments of trade becomes itself the object of a great number of very important manufactures. ”

“ If they were entirely separate, without political or commercial connection, it is manifest, that the consumption of the manufacturing states of foreign articles could not exceed twenty millions, the sum at which the value of their exports, of domestic products, and the profit of their foreign trade is estimated. ”