Third—Flags and emblems of all nations, the established devices of societies, associations and institutions should be avoided as not legally .usable or protectable.
Fourth—Complicated or confused pictures or devices do not make good trade-marks, because they cannot be seen and comprehended at a glance. As they lack simplicity they lack strength.
Fifth—A good trade-mark will not depend upon any color arrangement for its effect, as it will undoubtedly be neces sary to reproduce it in many places where color cannot be used.
Sixth—It is advisable to avoid designs that Are higher than they are wide. A tall trade-mark is often difficult to fit into attractive and harmonious layouts.
Seventh—A trade-mark should be capable of reproduction by all engraving processes, by zincs, half-tones, and the dif ferent offset and lithographic methods, that it may be well printed on all kinds of paper and other printable materials.
Eighth—If the trade-mark is not as simple as it can be made, and carefully proportioned in all its parts, it may be found impossible to reduce it to small sizes without losing the design, or to increase it to large sizes without rendering it ugly.
Ninth.--Care should be taken to evolve a design that will not print too black or too light, for undoubtedly it will be used with many styles of lettering and kinds of type faces.
Tenth—Designs that have only a temporary significance should be discarded. They may be meaningless, absurd or quite impossible of use tomorrow.
Eleventh—That which is vulgar, repulsive or ugly will never make a good trade-mark. Also, one should be ex tremely cautious in the use of comic motives.
Twelfth—It will save expense and trouble, and perhaps prevent disappointment, if the work of designing the trade marks is put into trained and understanding hands. It is work that can't be hurriedly done in an idle moment by one who has no conception of the importance of the task.
'5. Trade-mark individuality.—One of the essen tials of a trade-mark is that it shall distinguish the product from others. To do this it must possess indi viduality. Not only is individuality necessary to prevent infringement on other similar marks, and to fulfil the legal requisite for registration, but to give selling quality.
Selling quality in a trade-mark means not only that the mark "stands out" so as to be remembered, but that it is readily adaptable to all adver tising requirements. The Dutch girl "chasing dirt," with-her swinging stick, as depicted by the flashing light in the elec tric sign, not only im presses the trade-mark on the memory, but sug gests to the housewife that the help of this ef; ficient dirt-chaser will be worth while. Dirt vanishes and everything becomes spick and span.
This trade-mark has great selling quality.
If the mark can show distinguishing features, sell ing quality is secured in high degree. An illustration of selling quality is found in the trade-mark of "Conk lin's Self-Filling Fountain Pen." There are other self-filling pens, but none which`fills in the same man , ner as the Conklin. Therefore the trade-mark show ing the working of the pen while it is being filled, the simple manner in which it may be made to "drink," has the high individuality that confers the necessary selling quality. ' The trade-mark is funda mentally an advertisement, hence it is subject to the principles governing all ad vertising. The various elements are practically the same in a trade-mark as in an advertisement, but the relative value of -the elements differs in each case.
The trade-marks identifying Dutch and Conklin's Self-Filling Fountain Pen have a marked strength of appeal. Each can be easily understood; each is concrete; each has human interest; each em bodies the spirit of doing something easily that has heretofore been difficult; and each is capable of re taining its full value under the demands of the various mediums and mechanical pro cesses of printing.
There are special requirements other than making an appeal. The Yale Lock trade-mark is particu larly well suited for locks, as it is easily read and sug gests strength and simplicity, altho it carries no ."human" appeal.