Music Trade Review

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TRADE-MARK LEGISLATION.
Surprising Record Filed Under New Law—
Some Misapprehensions as to Conditions of
Registration.
(Special to The Review.)
Washington, D. C, July 30, 1906.
The trade-mark division of the Patent Office
has compiled figures relating to the new law
that became effective about a year ago, which
are of decided interest. The Bonynge act, as it
is called, was the first legislation for the protec-
tion of trade-marks used in interstate commerce.
The Currier act passed by Congress in May of
this year and which became effective on July 1,
offers further protection to the manufacturer
with a consequent increase in registration. The
Bonynge act became effective on April 1, 1905.
In less than sixteen months 21,076 applications
have been received, of which, it is believed,
nearly 95 per cent, will be registered. This is
at the rate of about 1,300 applications per month.
During the twenty-four years from 1881 to 1905,
when the Bonynge act took effect, only 60,000 ap-
plications were received, or approximately 2,500
per annum. Of this total 36,166 were allowed
registration, or about 60 per cent.
From the passage of the original trade-mark
act of 1870, to its repeal by the act of 1881, ap-
proximately 12,000 applications were filed in the
Patent Office, of which about 8,000 were allowed
registration, or an average of little more than
1,000 applications and 700 registrations per an-
num. In view of the high percentage of regis-
trations to applications under the new law, it ap-
pears that during the last sixteen months, the
number of trade-marks registered per month has
nearly equaled the number registered per an-
num under the act of 1881, and has nearly dou-
bled each month the annual registrations under
the original statute of 1870.
Two important causes have contributed to this
enormous growth; first, the fact that the Bonynge
act provides for the registration of trade-marks
used in interstate commerce, which were not pro-
TRADE
REVIEW
tected under the act of 1881; and, second, the all the goods produced by a manufacturer are
new law has been construed to require the re- embraced in a single general classification one
registration of old marks in order to protect their
registration will afford full protection.
use in interstate commerce under Federal juris-
Many manufacturers have made the mistake,
diction.
however, of filing applications for trade-marks
E. L. Chapman, chief of the trade-mark divis- to be used on goods they propose to manufacture
ion, last year predicted that the fiscal year would or of adding new lines to the goods previously
show 20,000 new registrations, due largely to the protected. The fundamental principle of the
new law, and records verify his prediction. trade-mark law is that protection shall be afforded
Manufacturers and dealers are learning the value only to trade-marks which have actually been
of protected trade-marks, especially owing to the used upon the goods for which protection is de-
growth of interstate and foreign commerce.
sired, and it is necessary in all cases that the
It is the opinion of the Patent Office officials applicant shall state that the marks have been
that the average number of filings hereafter, un- employed on the goods in question, otherwise the
der the new law, will be about 10,000 per annum, registration is void. To comply with the law,
or about four times the number under the old however, it is only necessary for the trade-mark
statute. Re-registrations are practically com- owner to place it on a single consignment of
pleted, and the increase over the old law here- goods shipped from one State to another, after
after will be due, first, to the advantage of pro- which the mark is eligible to registry under the
tecting marks used in interstate commerce; and, Federal law.
second, to the wide recognition of the value of
protection under the Federal law. There will
ROBBERS STRIKE ON NOVEL SCHEME.
also be a tendency toward increased registration
resulting from the passage of the Currier law at
Two crooks recently concealed themselves in
the last Congress, which permits foreigners hav-
ing manufacturing establishments in the United an empty piano box and were shipped in a freight
States to protect their marks under the same con- car of the Chicago, Milwaukee & St. Paul Rail-
road in an attempt to rob the car. They had re-
ditions that apply to domestic producers.
moved a valuable part of the contents of the
The feature of the Currier act, which went into
car into the piano box, and had started to rest
force on July 1, which provides for the classifi-
and smoke when they set fire to the car, which,
cation of trade-marks, and for the protection of
together with its contents, was entirely con-
an entire class by a single registration, was ex-
sumed. Both thieves escaped through an open-
pected to reduce the current number of applica-
ing in the end of the car.
tions, but although the law has now been in force
A piano consigned to Mrs. Laura McMullen, St.
less than a month the Patent Office officials are
Paul,
was destroyed, but the claim agent of the
confident that an actual increase will result. This
railroad
company settled in full.
grows out of the fact that thousands of manufac-
turers making a considerable variety of goods,
who were prevented from registering their trade-
CHAS. A. TAYLOR CO. INCORPORATED.
marks under the old law because of the pro-
hibitory cost, are now applying for protection in
Charles A. Taylor Co. have been incorporated
large numbers. In some cases the expense to a at Albany to acquire plays and musical composi-
single manufacturer, under the old law, would tions and give stage productions; capital, $5,000.
have amounted to several thousands of dollars, Incorporators: Charles A. Taylor, Laurette Tay-
while under the new statute full protection can lor, Mount Vernon, N. Y.; Frank C. Robertson,
be secured by an outlay of $200 or $300. Where No. 411 West 18th street, New York.
THE BEHNINO PIANO
has always been a good piano from the very earliest days of its history, which is one to be
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The Behning Piano of 1906
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FINISH used in our instruments is conceded to be the only successful finish on the market.
If you desire a first class high grade instrument that is made by a family of piano makers,
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BEHNING PIANO CO.,
132nd Street and Park: Avenue, New York.