Trade-marks: Hearings Held Before the Committee on Patents, House of Representatives, Sixty-ninth Congress, Second Session, on H.R. 13486, a Bill to Protect Trade-marks Used in Commerce, to Authorize the Registration of Such Trade-marks, and for Other Purposes, January 6, 1927U.S. Government Printing Office, 1927 - 89 էջ |
Common terms and phrases
abandoned ALBERT H amendment American Bar Association answer application for registration believe BLOOM Boston BROWNELL BURLEN canceled CARTER certificate of deposit CHAIRMAN claim Commissioner of Patents Commissioner ROBERTSON COMMITTEE ON PATENTS common law common-law rights configuration Congress deposit plan deposited mark depositor existing law export Federal FENNING foreign countries foreign registration FRASER gentlemen give going GREENE HAROLD HIRSCH hearing HUGHES infringement interference interstate commerce intrastate LANHAM lawyers legislation manufacturer March 19 notify objection opposed opposition owner ownership package Patent Law Association Patent Law Association's Patent Office PAUL PERKINS present bill present law prima facie proposed protection question record regis registered mark registered trade-marks rejection Rhode Island ROGERS secondary meaning sioner statement statutes suggested Supreme Court telegram territory thing THOMSON tion to-day trade-mark act trade-mark bill trade-mark law trade-mark rights tration trying United Washington WATSON word York City
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Էջ 25 - That nothing in this Act contained, nor any Proceeding, Conviction, or Judgment to be had or taken thereupon, against any Banker, Merchant, Broker, Factor, Attorney, or other Agent as aforesaid, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any such Offence might or would have had if this Act had not been passed...
Էջ 80 - Section endorses the resolution relating to process patent legislation adopted by the Section of Patent, Trademark and Copyright Law of the American Bar Association at its 1983 Annual Meeting.
Էջ 70 - Consists of or comprises a mark which so resembles a mark registered in the Patent Office or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when applied to the goods of the applicant, to cause confusion or mistake or to deceive purchasers...
Էջ 81 - That owners of trademarks used in commerce with foreign nations, or with the Indian tribes, provided such owners shall be domiciled in the United States, or located in any foreign country or tribes which by treaty, convention, or law, affords similar privileges to citizens of the United States, may obtain registration of such trade-marks by complying with the following requirements: First.
Էջ 71 - It is clear there can be no common law of the United States. The Federal Government is composed of 24 sovereign and independent States, each of which may have its local usages, customs and common law. There is no principle which pervades the Union and has the authority of law that is not embodied in the Constitution or laws of the Union.
Էջ 71 - ... federal system, only by legislative adoption. When, therefore, a common law right is asserted, we must look to the State in which the controversy originated. And in the case under consideration, as the copyright was entered in the clerk's office of the district court of Pennsylvania, for the first volume of the book in controversy, and it was published in that State, we may inquire, whether the common law, as to copyrights, if any existed, was adopted in Pennsylvania. It is insisted, that our...
Էջ 71 - No one will contend, that the common law, as it existed in England, has ever been in force in all its provisions, in any state in this union. It was adopted, so far only as its principles were suited to the condition of the colonies; and from this circumstance we see, what is common law in one state, is not so considered in another.
Էջ 81 - ... which so nearly resemble a registered or known trade mark owned and in use by another and appropriated to merchandise of the same descriptive properties as to be likely to cause confusion or mistake in the mind of the public or to deceive purchasers...
Էջ 84 - In truth, a trademark 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.
Էջ 71 - ... in all its provisions in any State in this Union. It was adopted, so far only as its principles were suited to the condition of the colonies ; and from this circumstance we see what is common law in one State is not so considered in another. The judicial decisions, the usages and customs of the respective States, must determine how far the common law has been introduced and sanctioned in each.