The Trade-mark Reporter, Volume 1United States Trademark Association, 1911 - Trademarks |
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Common terms and phrases
acquired adopted advertising affirmed alleged appellee appellee's applicant ball baseballs Beecham's Pills bill Birdsboro Trap Rock Bleitz Carthusian Caslon Bold Chartreuse chocolate Circuit Court claim Claviola color Commissioner of Patents competition in trade complainant complainant's connection corporation Court of Appeals court of equity deceive deception decision decree defendant defendant's descriptive properties designation distinctive District enjoined entitled equity evidence Examiner of Trade-Marks exclusive appropriation exclusive right fact filed fraud Fremont Undertaking geographical name Grande Chartreuse Hoopeston imitation infringement injunction interference interference proceeding label Ludwig manufacture Milling Company monks nails opinion origin Owl Creek Coal ownership package parties person piano piano player plaintiff present prior protection purchasers quarried question refused registration registered trade-mark restrain Saxlehner selling similar sold technical trade-mark thereof tion trade name Trade-Mark Act trade-mark proper trade-name unfair competition valid trade-mark Walter Baker white lead words American
Popular passages
Page 262 - Prosecution of an application to save it from abandonment must include such proper action as the condition of the case may require. The admission of an amendment not responsive to the last official action, or refusal to admit the same, and any proceedings relative thereto, shall not operate to save the application from abandonment.
Page 269 - Chief Justice Fuller said: "The essence of the wrong in unfair competition consists in the sale of the goods of one manufacturer or vendor for those of another, and, if defendant so conducts its business as not to palm off his goods as those of complainant, the action fails."
Page 44 - We come now to the consideration of the question whether the two marks here involved are sufficiently alike as— to be likely to cause confusion or mistake in the mind of the public or to deceive purchasers. (33 Stat,
Page 261 - If an applicant fail to prosecute his application within one year prior to November I, 1911, or for one year after the date when the last official notice of any action by the Office was mailed to him, the application will be held to be abandoned, as set forth in Rule
Page 78 - registered under this act and affix the same to merchandise of substantially the same descriptive properties as those described in the registration, shall be liable," etc. Further, in the second section it was provided that in order to create any right in the applicant for registration the application should be accompanied by a
Page 3 - Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay and Venezuela; Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following delegates, duly authorized to approve the recommendations, resolutions, conventions, and treaties which they might deem advantageous to the interest of America:
Page 79 - of the trademark sought to be registered, and that no other person, firm, or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive." The
Page 9 - day of August, in the year 1910, in Spanish, English, Portuguese, and French, and filed in the Ministry of Foreign Affairs of the Argentine Republic, in order that certified copies may be made, to be forwarded through appropriate diplomatic channels to each one of the signatory nations. (Signed by
Page 260 - Act which prohibits the registration of a mark, which consists merely in words or devices, which are descriptive of the goods with which it is used, or of the character or quality of such goods. The Examiner said:
Page 81 - carries it on under a given name, that some other person should assume the same name, or the same name with a slight alteration, in such a way as to induce persons to deal with him in the belief that they are dealing with the person who has given a reputation to the name." In