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Introduction

CHAPTER I A Digest of the Trade-Mark Law

Property in Trade-Marks Does Not Rest upon the Statute, But upon the Common Law.

Conditions of Registration

How to Apply for Registration

Procedure of the Patent Office

Registration in Foreign Countries

Classification of Merchandise

State Trade-Mark Laws

CHAPTER II Essentials of a Valid Trade-Mark

A Portrait of a Living Individual Cannot be Registered as a Trade-Mark Unless by Consent of the Individual Whose Portrait is Used, or, if a Minor, by Consent of his Legal Guardian

A Valid Trade-Mark Cannot Be any Arrangement of Words or Devices Descriptive of the Goods with which They are Used, or of the Character or Quality of the Goods

A Trade-Mark Must Not Misrepresent the Quality, Composition, Character, or Origin of the Product

A Trade-Mark Must Not Be Similar to a Trade-Mark previously Registered for the same Class of Merchandise

A Trade-Mark May Not Be a Geographical Name or Term

A Trade-Mark Must Not Consist of the Insignia of the American National Red Cross

A Trade-Mark Must Not Be Merely the Name of an Individual, Firm, Corporation, or Association unless said Name is Written, Printed, Impressed or Woven, in some Particular or Distinctive Manner, or is Used in Connection with the Portrait of the Individual

A Trade-Mark Must Not Be any Design or Picture Adopted by a Fraternal Society as its Emblem

A Trade-Mark Must Not Consist of, or Comprise, the Flag or Coat of Arms or other Insignia of the United States, or any Simulation thereof, or of any State, or Municipality, or of any Foreign Nation

A Trade-Mark Must Not Be a Form, a Color, a Shape, or a Material

Trade-Marks Are Not Registrable if against Public Policy

Affixation

CHAPTER III Advertising Characters

CHAPTER IV Infringement

Infringement by Foreigners Through Importation

CHAPTER V Assignment

CHAPTER VI Trade-Marks in Canada

CHAPTER VII How to Devise a Trade-Mark