purchaser of its benefits. He has no right, for instance, to hold himself out as continuing the business which he sold, or as carrying on the former business at another place. In a number of instances it has been held that the one who has disposed of good-will must not solicit any of his old customers personally or by representatives, or ask them not to deal with the old concern.

After the time within which one shall not reengage in business expires, the seller of good-will may reengage in business.

149. Rights of Partners on Dissolution of Firm. Upon the dissolution of a firm, the partner who retains the use of the old premises may advertise them as having been formerly occupied by it, naming the old firm, and, except where statutes forbid, either partner may advertise himself as being "formerly of" or "late of" the firm, using words that convey only the facts, and have no tendency to deceive or mislead the firm's customers or the public generally.

Where a retiring partner permits the old firm name (of which his own name forms a part) to be used, and makes no publication of the fact of his retirement, he cannot escape the liabilities of the firm when credit has been extended on a reasonable belief that he is still a member of the firm.

150. Good-Will of Deceased Person.-The good-will of a deceased person's business does not carry with it the right to use such person's name, for it is an asset to be accounted for by the personal representative of the deceased, and if he takes charge of the business, and conducts it as his own, he is chargeable with the value of the good-will.

151. Public Must Be Considered.-The sale of the good-will of a business carried on under a fictitious name or under a trade-mark gives the purchaser exclusive right to continue the use of such name or mark; but where the seller carried on the business in his own name, such right does not pass to the purchaser, unless it is clearly the intention of the parties. In any event; the use of the name by the purchaser of good-will must not mislead or deceive the public.

152. Surname.-A surname may become impersonal when long associated with a business, and may pass under the transfer of good-will.

153. The Trade-Mark and Advertising Copy.-In all advertising copy there ought to be a certain individuality in form and dress, akin to a trade-mark.

Manufacturers, especially, must give far more thought to the features of their sales promotion which will guard against infringement and substitution, for there is an all too persistent tendency among dealers to confine their stocks, so far as possible, to articles bearing their own trade-marks. In many instances this tendency is due to unreasonable demands by manufacturers, which have made dealers ask themselves why they should be subservient to a manufacturer's advertising, and by pushing sales of a trade-marked product build up a reputation for someone else, gradually to forfeit an indepen- ̧ dent relation to their own customers. The weakness of such a position on a dealer's part lies in the fact that he cannot control the manufacture of the product, and beyond a financial guaranty, or warranty, cannot assure his customers that the quality of the articles will be sustained.

A trade-mark is the only real warranty of satisfaction, for if the article bearing it disappoints the consumer he will avoid that article in the future, and of course, if not as represented, he has a right to demand a refund of the purchase price, upon returning the article in a condition as near as possible to what it was when he bought it. There have been articles which have not sustained the reputation which first accompanied their trade-mark, but they have met the inevitable result of waning popularity.

154. Primary Purpose of a Trade-Mark.-It is clear then that the primary purpose of a trade-mark is to indicate who is responsible for the manufacture or sale of a product or commodity, and to distinguish that product or commodity from those coming from other sources.

It is not essential that such a mark include the name of the manufacturer, producer, or seller; in fact, it is often better

that such name be omitted; but it is essential that the mark be so designed and used as to convey an individuality that will enable the consumer to identify the product or commodity, regardless of where or by whom it may be offered for sale.

155. Wide Variety.-Originally, trade-marks were in the form of simple devices and likenesses of animals and other natural objects, but now they also include marks, more or less elaborate devices, emblems or symbols, signatures, arbitrary or coined words, fictitious and suggestive names, and, subject to certain qualifications, numerals, letters, proper names, and names of businesses, publications, and locations.

156. What the Patent Office Demands.-Apart from commercial considerations, there are many legal requirements. If it is to be registered in the Patent Office, a trade-mark must be:*

1. A coined word, a dictionary word, or a name used in a fanciful, fictitious, or suggestive sense, or any one of about one hundred varieties of words, letters, numerals, symbols, signatures, portraits, and the like, singly or in combination, provided such trade-mark is:

(a) Not obviously descriptive of the nature, character, quality, grade, make-up, ingredients, materials, form, size, decoration, color, or appearance of the article, or of its label or package.

(b) Not the mere name of an individual, corporation, or association, and never the name, portrait, or signature of a living person, without written consent. Not the name, distinguishing mark, character, emblem, colors, flag, or banner of any institution, organization, club, or society. Not the emblem of the Loyal Legion, the Red Cross Society, the Masonic order, or of any military or fraternal body. Not composed of the flag, coat of arms, or other insignia of the United States, or any simulation thereof, or of any state, municipality, or foreign nation.

*Some of the following matter in regard to trade-marks was included in the Section on Management of General Campaigns, Part 1. It is repeated here in order to make the treatment of the subject of trademarks more definite in this case.

(c) Not a mere geographical name.

(d) Not the mere name of a building or business location. (e) Neither identical with nor so similar to a trade-mark previously used for articles of the same nature that it may deceive or confuse unsuspecting purchasers.

(f) Not a misrepresentation in itself, or used on a label or in association with advertising, or an article that is so used. (g) Not obscene.

(h) Not libelous; nor a violation of that veneration, love, or respect which is generally known to be associated with certain individuals, offices, and stations in domestic, religious, and public life.

(i) Not used in association with an article which is injurious to the public or in which trading is unlawful.

2. Affixed, printed, branded, or otherwise impressed upon or woven into an article, or its label or package, as a means of identification.

3. Actually so used in sales and shipments to customers in different states, in foreign countries, or among Indian tribes. 4. Owned by an individual or concern, domiciled in the. United States, or by an individual or concern domiciled abroad able to comply with special conditions.

To some of these requirements there are exceptions, which can be learned only by recourse to the statutes and individual decisions of the courts. In no case is it wise to determine upon a trade-mark or to apply for registration without expert advice.

157. A Test.-The test as to whether a mark is descriptive is, "Will the public as a whole regard the mark as an arbitrary symbol denoting the origin and ownership of the product or commodity, or as an advertisement of some desirable quality."

Kodak is a good example of what is needed; created simply for trade-mark purposes, from letters arbitrarily selected from the alphabet. Until, by advertising, the Eastman Kodak Company gave it a meaning, it meant nothing. Now, one can hardly believe Kodak could apply to any other product.

158. Suggestive Trade-Marks.-A trade-mark may, of course, be meaningless to the consumer, and yet have a meaning to its originator, as, for instance, R-I-P-A-N-S, which is made up of the initial letters in the names of the six ingredients of the tabules to which it is applied. And again, a trade-mark may, while arbitrary in form, be suggestive, as Uneeda and Takoma, used in connection with names of products, thus, Uneeda Biscuit and Takoma Biscuit.

159. Misspelling, Etc.-Misspelling cannot of itself render valid a trade-mark which would otherwise not be upheld, as, for instance, Kid Nee Kure. Merely hyphening, as P-I-T-T-S-B-U-R-G P-U-M-P, does not make a valid trademark. Nor will the use of peculiar lettering make a valid trade-mark of a surname, unless the letters are arranged in a fanciful and distinguishing style so that the peculiarities dominate the name and reduce it to a position of relative obscurity, or the name is combined with a symbol or a portrait.

A trade-mark not only must not be obviously descriptive of the product or commodity with which it is used, but it must not contain a misrepresentation of the origin, nature, character, quality, contents, or ingredients of such product or commodity. Here we find that the Patent Office is a powerful factor in eliminating questionable methods from advertising.

160. Geographical Names.-Geographical names cannot become valid trade-marks, except when they are used in a fanciful or arbitrary sense, as in case of Vienna Bread, a product known to be made in this country.

161. Personal Names.-As regards personal names, every individual is entitled to use his own name so long as it does not infringe the rights of one who has previously adopted the name as a trade-mark, by diverting the good-will of the public. Whether one is free to adopt such a trade-mark depends upon the facts in the case. In a suit brought by the purchaser of the business known as "Best & Company, Liliputian Bazaar,” and located in New York, it appeared that the son of one of the original firm established a similar business