Projection engineering (Sept 1929-Nov 1930)

Projection Engineering, March, 1930 Page 27 trade. His trade-mark is accepted as the indication of their source, and as such is entitled to protection. A retailer may adopt a trade-mark and attach it to all goods sold by him. The circumstance that the goods also bear the trade-mark of the manufacturer would not affect the retailer's right to apply his trade-mark thereto. All trade-marks must be attached in some way to the goods, or the containers of the goods. The manner in which a trade-mark is applied or affixed to the goods, or the containers thereof is immaterial. They may be printed, impressed, moulded, cast or otherwise applied to the goods or they may be affixed to the goods or the packages containing the goods by means of a label, plate, tag or other suitable device. The mode of application of a trade-mark will always be governed by the particular commodity involved. A trade-mark may be directly impressed upon soap, but it could not be directly impressed upon a liquid, i. e., hair tonic. In the latter case the trade-mark would be printed or reproduced upon a label which would be attached to the bottle containing the tonic. In some instances the trademark may be applied by means of aecaleomania transfer signs. All that tne law requires is that the trade-mark accompany the goods in commerce — how it accompanies the goods is immaterial. To entitle a trade-mark owner to Federal registration the actual use of the trade-mark in interstate commerce is necessary. Mere adoption of a trade-mark, with intent to use it in the future, will not create any trademark right until the mark is actually used. It is not necessary that the mark should have been used for any definite or considerable time, and a single actual use confers a right to such trade-mark, if the article with the mark upon it has actually become a vendable article in the market, with the intention of the proprietor to continue its production and sale. The use of a trade-mark on letter-heads, pamphlets and stationery would not create any trade-mark rights under the laws of the United States, since letter-heads, etc., do not accompany the trade-mark in interstate commerce. The basis of a trade-mark right in the United States is priority of adoption and actual use in trade. The first one to use a given trade-mark upon a particular class of goods acquires the prior and exclusive right upon that general class of goods ; however, another person may apply the same trademark to an unrelated and different class of merchandise. The use of a trade-mark must be bona fide, and not merely for the purpose of coming within the letter of the trade-mark law. On the other hand, a trade-mark right is not lost through non-use due to fire, war or other causes which do not imply an intention to abandon the mark. To establish abandonment of a trade-mark, there must be an actual intention permanently to give up the use of the mark ; in the absence of such intention, mere non-use though for a considerable period, will not amount to abandonment, nor destroy rights acquired in the mark. Perhaps it would be well to add a few words as to the procedure to be involved when a merchant or manufacturer adopts a trade-mark. After the manufacturer or merchant has selected the mark it would be well to consult some competent Patent and Trade-Mark Attorney, and authorize him to make a search in the U. S. Patent office to ascertain whether anyone else has registered the same trade mark, or a close or similar trade-mark for the same class of goods. This should be done before the owner incurs any expense in connection with the production of labels, advertising, etc. There have been too many instances where manufacturers or merchants have spent thousands of dollars upon labels and advertising a mark, only to find that someone else had already registered the same for similar goods. If the trade-mark search does not disclose any prior registrations, then the trade-mark application should be proceeded with and some labels should be made up. Some goods should be sold in interstate commerce, accompanied by labels and the trade-mark application should be filed and prosecuted with a view to securing its ultimate grant at the earliest possible time. The Trade-Mark Law is such that the final grant of a trade-mark usually takes from four to eight months from the time that the application is filed in the Patent Office. The procedure is somewhat complicated by the machinery set up by the Law, which requires the Examiners in the Patent Office to closely examine trade-mark applications and reject the same where they are not in proper form, or where the same trade-mark has been registered by someone else previously. Even after the Examiner passes the application as allowable it must first be published in the Official Gazette of the United States Patent Office, and a period of thirty days must elapse from such publication before the trade-mark is prepared for final grant. This thirty day period, from the time of publication, is for the purpose of permitting competitors and other interested parties to file protests or oppositions, if they feel they have any ground to do so. RADIO TALKIES— THE NEXT STEP DUE to the modest amount of detail obtained with present television methods, it seems certain that radio television will be accompanied by synchronized voice or music, thereby obtaining what may be termed "radio talkies." The relatively perfect sound accompaniment must go far towards preventing the audience from concentrating on the pictures themselves, and also in explaining the action so as to make the story more enjoyable. At least such is the opinion of J. E. Smith, President of the National Radio Institute of Washington, D. C. "It is relatively simple," states Mr. Smith, "to provide radio talkies. The sound accompaniment may be transmitted over any broadcasting station, while the radiovision signals may be transmitted by a television transmitter. Working from actual subjects or again from sound pictures, the picture signals are transmitted on the radiovision short waves, and the sound signals on broadcast waves. At the receiving end, a standard broadcast receiver tunes in the sound accompaniment, while a short-wave receiver and radiovisor handle the pictures. "But for the ingenious combination of sound and picture signals, I do not believe that radiovision programs would have much entertainment value, once the first curiosity of the public is satisfied. However, as radio talkies, the attraction is certain to last until such time as a better radiovision technique is forthcoming." 200-KILOWATTS 200 kilowatts of power was first put on the air for broadcast purposes Sunday morning, March 9, at 4 o'clock E. S. T. by WGT, the General Electric Company station at Schenectady, N. Y. Operation under special license W2XAG has been authorized by the Federal Radio Commission. The transmitter employs a 200-kilowatt linear power amplifier, incorporating in a push-pull circuit, six-superpower radiotrons which are conservatively rated at 100 kilowatts each. The high power station uses a vertical cage antenna and radial counterpoise. Antenna current is 92 amperes. Frequency control is maintained by piezo-electric crystal. W2XAG operates on 790 kilocycles or wavelength of 379.5 meters.