October Mr. Frank Office. K. Mr. contemplates as registration mark Attention is directed by the act of January "That no mark*****shall trade-j7mark on Provided, That an "Browning" including the word "Superposed". amended of of trade M. Ae Browning's letter of October 19th states that his registering the name “Browning” alone and in combination with descriptive words, 1905, 1927. Nebeker, Memorandumin re company 24, be to 8, Section 5 of the act of 1913, which provides: refused registration account of the nature no mark which consists individual, firm, corporation, written, printed, impressed, or distinctive manner, or in of the individual, or merely descriptive of the goods the character or quality graphical name of. this act.” or tem, of mark**«*x merely in the name association not or 20th a such or woven in some particular association with a ‘portrait in words or deviced which are with which they of such goods , shall as February | be are used, or merely registered under or of a geo- the terms The name "Browning" written, printed, or impressed in some particular or distinctive manner, or in combination with a symbol or portrait, oe, probably be registered. It should be ‘distinctly - understood showever, in as eee this connection, that the registration protects not the name itself. Registration under this "prima evidence facie of ownership", trade name "Browning" by ‘mind of the public or to competition statutes and The not be registered. descriptive word. used in proviso The word interstate mark as registered. Use it of the competitors likely to cause confusion or mistake in the deceive purchasers may be prevented under the unfair at common law whether registered or not. No trade been of the only the name act carries with above quoted "Superposed" mark or states that descriptive words shall would probably be hald to be a | can be registered foreign commerce, or until in after commerce it has with the actually Indian tribes, om or in connection with the goods of the proprietor. After use in such commerce for more than one year, a mark can be registered under the actof March 19, 1920, even if it comes under the proviso above cited, tke registration under the act does not become "prima facie evidence of ownership." I suggest Mr. Browning send us his designs, stating how long each has actually been in use in eer aces es foreign, or Indian commerce, and we will give him a further opinion upon the possibility of registering them. Yours very truly, Se N. MacInnis.