TRADE-MARKS, SLOGANS AND CATCH PHRASES 1. Origin of trade-marks.—The trade-mark ap pears to. have been originally an ownership mark. Before trade was known, the savage placed some identifying mark upon the weapons he made. In hunting, the arrow identified the game. The own ership mark identified the arrow. Hence the impor tance of the individual mark in the entire scheme of property. When the arrow-maker developed skill in his craft, his mark was a guarantee of quality genuineness—and it was, incidentally, an advertise ment.
The oldest trade-mark of which there is any knowl edge is said to be a triangle with one apex missing. This marks a piece of Egyptian pottery estimated to be of the era 2000 B. C. Chinese pottery of great age bears a trade-mark. Bricks found in excavations in Asia Minor and Egypt bear marks supposed to pos sess trade value as well as to indicate some form of government license. The manufacturers of Greece and Rome used trade-marks, many, of them strikingly like certain ones in use thruout the world today. In the ruins of Pompeii small jars of fish sauce were found. One jar is inscribed: "Scaurus' tunny .jelly.
Blossom Brand, put up by Eutyches, slave of Scan rus." 2. Purpose of trade-marks.—Primarily, the trade mark exists for the purpose of establishing the iden tity of an article. It is the definite emblem of quality or service and is therefore an asset to the advertiser. The trade-mark establishes trade relations with the buying public; it enables the marketing firm to build up tangible good-will. It establishes the quality of an article; it stabilizes prices; it creates sentiment in favor of goods and builds markets.
The term trade-mark has several shades of mean ing. Originally, it identified the article which was "traded." Now the "trade-mark" has been extended to cover any characteristic distinction in nature, color, or shape, container and the like, which is associated with the product.
As legal restrictions have come to surround the use of the trade-mark, a comprehensive definition would read as follows: "Any symbol, mark, name or other characteristic or arbitrary identification, secured to the user by legal restriction; adopted and used by a manufacturer or merchant, to designate the •goods he manufactures or sells and to distinguish them from the goods of competitors."
3. Early restrictions.—As early as 1512, the Coun cil of Nuremberg restrained an imposter from selling paintings bearing the forged signature of Albrecht Diirer. In 1544, by an edict of Charles V, infringers of laws affecting tapestry trade-marks were punished by having their right hand cut off. Charles IX of France, by royal edict, made trade-mark forgers sub ject to capital punishment. England began the pro tection of trade-marks in 1783. The States of Con necticut and Pennsylvania were the first govern ments in the United States to regulate the use of marks on goods. The national law was enacted in 1870.
4. Creating a trade-mark.—Usually the maker of a product wishes the mark by which the product is to be known to bear of his individuality. Hence the "face" trade-mark. Patent medicine men have overdone this to such an extent that unless the face used as a trade-mark is that of a notably great man, the mark lacks distinction. That the face and signature of Thomas A. Edison on phonograph products, or of Luther Burbank on a seed package has selling quality as well as distinction is obvious, but the fact offers no assurance to the obscure adver tiser who follows these examples.
Glen Buck, in "Trade-Mark Power," has given twelve directions showing what is to be avoided in devising trade-marks. They are as follows: First—Common and familiar forms do not usually make good trade-marks, for they lack distinction. The circle, the square, the crescent, the star, the diamond, the heart, the oval, the shield, the cross, all have long ago been usurped and are burdened with significance.
Second—If one is anxious to acquire legal title to a trade mark, he will not have it resemble any other trade-mark, nor will he put in it any descriptive phrase or name.