Trade-Marks (Classic Reprint)

Excerpt from Trade-Marks

First. It is a claim of title that will stand, unless a competitor proves by overwhelming evidence his prior adoption and use of a given trade-mark. On the other hand, if you do not register your trade-mark, and subsequently go into court to stop infr... Læs mere ingement, you will have to prove your prior adoption and use; also that the use of the mark by your competitor is an infringement and, as such, threatens to, or is, diverting good-will that would otherwise result in purchases from you.

Second. Registration gives you the privilege of calling upon the help of the United States courts, where judges are usually more expert in trade-mark matters than the judges of state courts. If you fail to register your trade-mark you can not call upon the help of the United States courts unless the amount in controversy is at least and unless you and your com petitor live in different states.

Third. If a trade-mark is registered, damages for infringement may be fixed at three times the amount allowed by the verdict of a jury: this in addition to the enjoining of the infringement and the destruction of the offensive labels, packages, and so on.

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