FRANK K. NEBEKER WASHINGTON Je M. & M. S. Ogden, Utah. Dear Browning D. 6. Company, Sirs: Re: there Referring to not very much is "Browning" or the word to the prevent use Trade Mark your letter of October 19, I am Of te ophnion that you can do in the way of registering the name "Superposed" of the name if your purpose and word referred to is, as by others. I assume it to be, For your information I am enclosing a memorandum furnished me by Mr. Mac Innis after he had given the matter considerable attention and had read a large number of trade mark cases. As I understand "Browning" is written, manner, or in association protect Manner. you from be the it, a trade printed use or with a mark can be impressed in some protrait of the name of Mr. written, obtained if the particular or Browning, printed As to the word "Superposed" it would seem obtained as it is clearly a descriptive word. or that but name distinctive that would impressed no trade in mark not some other could You will note the last paragraph in the memorandum, but as I under-~ stand it you have not formulated or used any designs in interstate commerce and, therefore, cannot furnish us with a copy of such designs. It has occurred to me that you might desire to proceed as indicated in the nest to the laxt paragraph of the mmorandum notwithstanding the fact that registration does not constitute prima facie evidence of ownership. The mere fact o registration would probably deter others from using the registere d mark or words used in connection therewith. to procure a registration under the act of mark should have been used in it necessary for you to adopt one year before you éan apply me know After you have if you desire to commerce for more than some design and use it for registration. note, 1920, however, that in order it is necessary that the one year. This will make in interstate commerce for considered the foregoing suggesthons, give the matter further attention. Yours very y Aid) pac L JAA please truli Ys (signed) “Rees You will March 19, Frank on K, Nebeker 6734/7) | f let