FRANK K.NEBEKER LAWYER INVESTMENT GEO.C.OBER.UIR. S.N.MA4¢S WASHINGTON,D.C. INNIS J.M. BUILDING & M.S. Browning Ogden, 25, 1927 Co. Utah Re: Dear Ostober Trade Mark sirs: Referring to your letter of October 19, I am of opinion that there is not very much you can do in the way of registering the name "Browning" or the word "Superposed" if your purpose is, as I assume it to be, to prevent the use of the name and word referred to by others. me by For your Mr. Mac attention As and information Innis after I am enclosing a memorandum furnished he had given the matter considerable had large read I understand name "Browning" cular or is a it, a As to the word be obtained as note last You will copy the such designs. It has occurred in the can be or in "Superposed" of indicated mark have and, next to to or mark cases. obtained impressed association in it it is would clearly paragraph in seem a with the me that the you last the parti- a portrait that the use manner. no descriptive not formulated or therefore, cannot if some would not protect you from or impressed in some other could I understand it you interstate commerce trade printed manner, of Mr. Browning, but that the name written, printed mark of trade written, distinctive number of trade word. memorandum, but as used any designs in furnish us with a might desire paragraph of to the proceed as memorandum notwithstanding the fact that registration does not constitute prima facie evidence of ownership. The mere fact of registration would probably deter others from using the registered mark or words used in connection therewith. You will note, however, that in order to procure a registration under the act of March 19, 1920, it is necessary that the mark should have been used in commerce for more than one year. This will make it necessary for you to adopt some design and use it in interState commerce for one year before you can apply for registration.