The refilling of an original package is held to be substantially the same as giving out a brand of goods when another brand has been requested; yet this stitutes but a small part of the substitution methods of dishonest dealers. If the customer has but a hazy idea of what brand is wanted, and should ask for "the cleaner with the twins on it," or "the chocolate with the girl on the label," there is a chance to substitute. If the product has a distinctive form .which identifies it, as the shape of the "Cascarets" package or the con tainer for "Log Cabin Syrup," the trade-mark be comes a bulwark against substitution.
10. Registration of a trade-mark.—Registration is evidence of a public nature, that the one registering the trade-mark claims a right in it. Registration creates no rights; it merely makes public the claim to ownership. Once owner of the design, the use and the right to advertise a distinctive mark has been ac quired, registration provides an additional safe-guard against infringement.
11. The slogan.—Attached to the trade-mark is often found a phrase that helps to fix the trade-mark in the memory. This slogan is more than a catch phrase; it has greater significance and is often an evi dence of service.
The following expressions may be properly classi fied as slogans: "One Policy, One System, Universal Service."— American Telephone and Telegraph Company. "Ask the Man Who Owns One."—Packard Motor Car Company.
"The Linen Store of America."—James McCut cheon and Company.
"There's a Reason."—Postum Cereal.
"His Master's Voice."—Victrola.
"Velvet Grip."—Boston garters.
"No Metal Can Touch You."—Paris garters. "57 Varieties."—Heinz Company.
"Not the Name of a Thing, but the Mark of a Ser vice."—Mazda lamp of General Electric Company. "A' Clean Tooth Never Decays."—Prophylactic tooth brush.
"A Sensible Cigarette."—Fatima.
"It pure."—Ivory Soap.
"Has the Strength of Gibraltar."—Prudential In surance Company.
"Silver Plate That Wears."—Roger Bros., 1847. "Hasn't Scratched Yet."—Bon Ami powder.
"Let the Gold Dust Twins do your Work."—Gold Dust washing powder.
"The Watch that made the Dollar Famous."—In gersoll watch.
"If it isn't an Eastman, it isn't a Kodak."—East man Kodak.
"Have you a little Fairy in your Home ?"—Fairy Soap.
12. Catch words and phrases.—Closely allied to the slogan is the catch phrase. The catch phrase stands second to the picture in attractive value. A striking word or phrase will remain in the memory and is readily transmitted. It may or may not be a part of the trade-mark.
The identification mark, catch word and slogan used by the Simmons' Hardware Company is a good illustration of the comparative use of these different elements. The identification mark, in this case, con
sists of the triangular blade cutting cleanly thru the rectangular bar. The trade name, which is a catch word lettered in characters with sharp edges, is "KEEN MUTTER." The slogan is "The Recol lection of QUALITY Remains Long After the PRICE is Forgotten." There are two tendencies in the use of catch phrases: the short and rhythmic phrase, not neces sarily a complete sentence, and the phrase in the form of a complete sentence. "Taste the Taste" (Under wood Devilled Ham), "The Nation's Spread" (Karo), are phrases exemplifying the first tendency. "Don't buy a pig in a poke," used by the Majestic Manufacturing Company, and "Buy insurance when you buy your spoons," used by the Holmes and Ed wards Silver Company, are illustrations of the com pleted thought form.
Of special appeal to the thrifty farmer is the ques tion, "WHY PAY FOR GASOLINE WHEN WIND IS FREE?" (to advertise the Samson wind mill). This phrase not only has selling quality, but savors so strongly of country store philosophy as to make it stand at the top for appropriateness. "Hook'er to the biler" (Ridgeway Elevators) illus trates the colloquial catch phrase in the imperative form.
There has always been a strong tendency toward the use of rhyziled catch phrases. "A Kalamazoo direct to you," of the Kalamazoo Stove Company, and "The ham what am" being typical of the Armour Company. "All the taste—none of the waste" (G. Washington Coffee), "Bring them back with Jap-a lac," "An apple a day keeps the doctor away" (Skookum), "Men who chew are men who do," (Star Chewing Tobacco) are good examples of advertise ments that are "catchy." 13. Other tendencies in trade-marking.—Along with trade-marking perishable eatables there are other recent tendencies that are rather ingenious. Music is being trade-marked by the Victor and Columbia Phonograph Companies. Parasols have a trade name inserted on the inside of the ribs. In Chicago, the City Fuel Company uses the representation of a coalman, entirely made of coal, in all its advertising. Cartoons are marked with the insignia of the artist. The London Feather Company uses a tiny label of celluloid as a mark, which is sewed inside the stem of each ostrich plume.
Because of this tendency to trade-mark everything that is advertised, it becomes more and more neces sary that the trade mark be simple, distinctive, appro priate, striking, suggestive and imbued with real ap peal and selling value. Furthermore, every trade mark should be formally registered, so that it may have the full protection of the law.