October Mr. Frank Office. K. 24, 1927. Nebeker, Memorandum in re registration of trade mark “Browning”. Mr. Me. A. Browning's letter of October 19th states that his company contemplates registering the name “Browning” alone and in combination with descriptive words, including the word "Superposed”. 1905, as Attention is directed to Section 5 of the act amended by the act of January 8, 1915, which of February provides: 20, "That no mark * * * shall be refused registration as a trade-mark on account of the nature of such mark * * * Provided,That no mark which consists merely in the name of an individual, firm, corporation, or association not written, printed, impressed, or woven in some particular or distinctive manner, or in association with a portrait of the individual, or merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods, or merely a geographical name or term, shall be registered under the terms of this act.” The name “Browning” written, printed, or impressed in some perticular or distinctive manner, or in combination with a symbol or portrait, could probably be registered. It should be distinctly understood, however, in this connection, that the registration protects only the name as so written, not the name itself. Registration under this act carries with it "prima facie evidence of ownership", of the mark as registered. Use of the trade name "Browning” by competitors likely to cause confusion or mistake in the mind of the public or to deceive purchasers may be prevented under the unfair competition statutes and at common law whether registered or not. The not a be proviso registered. descriptive above The quoted word states that "Superposed” descriptive would probably words be shall held to be word. No trade mark can be registered until after it has actually been used in interstate or foreign commerce, or in commerce with the Indian tribes, on or in connection with the foods of the proprietor. After use in such commerce for more than one year, a mark can be registered under the act of March 19, 1920 even if it comes under the proviso above cited, but registration under this act does not become "prima facie evidence of ownership”. I suggest that Mr. Browning send us his designs, stating how long each has actually been in use in interstate, foreign, or Indian commerce, and we will give him a further opinion upon the possibility of registering them. Yours truly, S. N. MacInnis.