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" Brooklyn, and weekly if in any other part of the state; but no trademark shall be filed which is not and cannot become a lawful trademark or which is merely the name of a person, firm or corporation unaccompanied by a mark sufficient to distinguish it... "
A Treatise on the Law of Trade-marks and Analogous Subjects: (firm-names ... - Page 226
by William Henry Browne - 1873 - 677 pages
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Albany Law Journal, Volume 3

Law - 1871 - 530 pages
...suit of the owner thereof, in any court of competent jurisdiction in the United States, and the parly aggrieved shall also have his remedy according to...which is not and cannot become a lawful trade-mark, or v, lih-li is merely the name of a person, firln, or corporation only, unaccompanied by a mark sufficient...
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A Treatise on the Law of Trade-marks and Trade-names: Including Foreign Laws ...

Sir Henry Ludlow, Sir Henry Jenkyns - Business names - 1873 - 170 pages
...referred to in the registration, shall be liable to an action on the case for damages for such unlawful use of said trade-mark at the suit of the owner thereof...mark sufficient to distinguish it from the same name where used by other persons, or which is identical with a trade-mark appropriated to the same class...
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Reports of Cases Argued and Determined in the Circuit Court of ..., Volume 10

United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1873 - 626 pages
...therefor, in any Court having jurisdiction over the person guilty of such wrongful use ; " and that " the Commissioner of Patents shall not receive and...cannot become a lawful trade-mark, * * * or which is identical with a trade-mark appropriate to the same class of merchandise, and belonging to a different...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1873 - 324 pages
...the " mere name of a person, firm, or corporation." The same section also says, " The Commissioner shall not receive and record any proposed trade-mark...which is not and cannot become a lawful trade-mark." Beyond these limitations the law authorizing registration gives no intimation as to what is or what...
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Southern Law Review and Chart of the Southern Law and Collection Union, Volume 1

Law - 1872 - 940 pages
...of the right, by imitation, etc., by action for damages, and,, for injunction. It also provides that the Commissioner of Patents shall not receive and record any proposed trade-mark which is not,, and can not become, a lawful trade-mark." The eightieth section makes the certificate of the Commissioner...
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Patent Cases Determined in the Supreme Court of the United States ..., Volume 2

Charles Sidney Whitman - Copyright - 1875 - 814 pages
...1870, c. 230. s. 77, v. 16, p. 210.) Restriction on the Registration of Trade-marks.— SEC. 4f)39. The Commissioner of Patents shall not receive and...merely the name of a person, firm, or corporation unaccompanied by a mark sufficient to distinguish it from the same name when used by other persons,...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volume 2

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1875 - 786 pages
...of the right by imitation, etc., by an action for damages, and injunction. It, also, provides, that, "the commissioner of patents shall not receive and...which is not, and cannot become, a lawful trade-mark." The eightieth section makes the certificate of the commissioner under seal of the patent office, "evidence...
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Official catalogue of the British section

Philadelphia internat. exhib, 1876 - 1876 - 960 pages
...registration, shall be liable to an action in the case for damages for such wrongful use of said trade mark, at the suit of the owner thereof, in any court of...and record any proposed trade-mark which is not and can not become a lawful trade-mark, or which is merely the name of a person, firm, or corporation only,...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1876 - 486 pages
...Patents as a trade-mark under the provisions of the present law. Sec. 4939, Revised Statutes, enacts — The Commissioner of Patents shall not receive and...merely the name of a person, firm, or corporation unaccompanied by a mark sufficient to distinguish it from the same name when used by other persons,...
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The Law of Trade Marks and Their Registration, and Matters Connected ...

Lewis Boyd Sebastian - Goodwill (Commerce) - 1878 - 426 pages
...not receive and record any proposed trade mark which is not and cannot become a lawful trade mark, or which is merely the name of a person, firm, or...mark sufficient to distinguish it from the same name where used by other persons, or which is identical with a trade mark appropriated to the same class...
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