Book Description

Excerpt from Registration of Trademarks Under the New Trademark Act In the comparative study of Foreign Patent and Trademark Laws published a few years ago, I was compelled to point out, in referring to the trademark law of the United States, that such law, as embodied in the Act of 1881, did not give to registrants any remedy against infringers which the owner of an unregistered mark would not have under the common law, and that such law did not provide for giving force and effect to the provisions of the International Convention, as well as to call attention to the fact that such law was in other respects unsatisfactory. The commercial interests of the country are to be congratulated on the fact that Congress has recently passed a new trademark act, which, while perhaps not all that could be desired, goes far toward giving the relief which the owners and users of trademarks have justly asked at the hands of Congress. Some misapprehension of the intended meaning and purpose of this new Act as regards trademarks registered under the act of 1881, has arisen by reason of the fact that numerous circulars have been sent out to registrants urging re-registration, some of these circulars being so worded as to create the impression that re-registration is necessary to the preservation of existing rights, and that any delay in applying for re-registration may jeopardize such rights. Such an impression is not warranted by anything in the proposed trademark bill as originally drafted by me, on which the new act is based, and is not warranted by anything in the act as passed. It is the purpose of this pamphlet to correct this misapprehension, and, so far as possible at this time, to make clear the meaning of the act. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.