ADVERTISING DAIRY PRODUCTS 29 1 



involves greater expense in art work and printing. Names or 

 words are perhaps most widely used because they lend them- 

 selves nicely to many uses; moreover, experience shows that 

 they are readily established in public favor within a short time. 



A trade-mark may be established in either one of two ways, 

 by registration or by adoption and use. Registration is the 

 most certain way to guarantee exclusive right to a trade-mark 

 and registration is quite easily secured through application to 

 the United States Patent Office (provided it is to be used in 

 interstate trade). By adopting a trade-mark and using it 

 continuously exclusive right thereto may be established, but 

 the task of defending that right is more difficult than in the case 

 of a registered trade-mark. 1 



If it is proposed to make extensive use of a trade-mark or 

 trade name, a legal specialist on this subject should be consulted 

 about the name or design to make sure that it can be properly 

 protected. In place of such special advice, this general state- 

 ment as to trade-marks' validity may be of assistance: 



"Generally speaking, a trade-mark to be valid must not 

 be the name of a person, name of a place, descriptive of the 

 goods or of the quality of the goods, or old in the class into 

 which the goods fall on which the mark is to be used, according 

 to the arbitrary classification of the Patent Office." W. A. 

 Knight, trade-mark specialist in Judicious Advertising, Dec., 

 1911. 



In recent years there has been a marked trend toward the 

 coined or invented word or trade name. They are more likely 

 to be valid, they are usually strong in attention value, and if 

 they are suggestive they are excellent. Sometimes, however, 

 they are not very easily remembered. 



III. A Definite Appropriation. Advertising is best carried 

 on if a definite sum of money is set aside for a year, or a selling 

 season or a campaign. That is true whether a business can 

 afford to invest only $200 a year in advertising or $20,000. 

 Moreover, it is best to prepare a budget which divides the 



1 Complete information on trade-mark registration will be furnished on request 

 by the United States Patent Office in Washington; the fee for registration is $10. 



