TRADE MARES
Adair's New Encyclopedia · 1923 · p. 11
The Trade is not, like a design, a species of poreal property in which a obtain copyright, but its practical is the same as soon as it is applied goods he sells, ior, a uming the be distinctive, a rival trader once be restrained by injunction applying a similar mark to his upon the broad ground that he thereby be inducing purchasers that his goods were those of person. In short, a T.M. denotes ducerofa thing, and not the thing and in that respect differs from a name,’ the object of which, reality an advertisement of the and quality of the goods, may be by describing either maker or or both. To be valid as a T.M., mark chosen need not have any but whatever it is, it must be in the sense that it is adapted to guish the goods of the proprietor _ mark from those of other traders it will be registered. In regard trade names the law merely a person’s right to prevent others personating his busine by using such description as would lead to confuse his goods with those trade rival.
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