Bolander v. Peterson

Citations

• 136 Ill. 215
• 11 L.R.A. 350

Syllabus

<p>1. Trade-mark—m what it may consist—requisites. No mere sign •upon a store or factory, or notice, circular or advertisement, will constitute a trade-mark. It owes its existence to the fact that it is actually affixed to a vendible commodity. A trade name is more properly applied to the good will of a business.</p> <p>2. A trade-mark must be such as will clearly identity the article to which it is affixed, as that of the person adopting it, and distinguish it from all others. It may consist of words, as well as of symbols, devices, emblems or marks. If it consists of words, only, they must be so clear and well defined as to give notice that the articles to which they are attached are from the factory or store of the person who has adopted the same.</p> <p>3. A generic name, or one merely descriptive of the article made or sold, or its qualities, ingredients or characteristics, and which may be employed truthfully by other makers or dealers, is not entitled to protection as a trade-mark.</p> <p>i. And so it has been held, that words designating a trade, indicating that a particular class of goods is dealt in, can not be exclusively appropriated by one as a trade-mark or trade name. Thus, the words “Swedish Snuff Store,” or “magazine,” can not be protected as a trade name, as others may truthfully use the same in advertising their business.</p> <p>5. To constitute such a trade-mark or name as will give the first who applies the same the exclusive right to its use, it must not be such as will merely indicate the composition or quality of the article to which it is applied, or to the particular country or district where produced or manufactured.</p>