6i8 
Editorial. 
{Am.  Jour.  Pharm. 
September,  1920. 
Patent  Office  is  merely  arbitrary  it  is  quite  important,  therefore, 
that  a  manufacturer  should,  for  his  own  protection,  accompany  the 
word  mark  or  brand  name  with  the  name  of  the  article,  on  labels  and 
in  advertisements,  so  distinguished  between  them  as  to  make  it 
clear  which  name  is  claimed  as  a  trade-mark,  and  which  is  the  name 
of  the  article  itself. 
It  was  stated  in  a  decision  of  the  board  of  Examiners-in-chief,  and 
appellate  tribunal  of  the  Patent  Office,  in  the  case  of  Caffall,  MS. 
Vol.  i8,  p.  322,  that: 
*'It  was  never  intended  that  any  new  composition  of  matter  or 
mixture  of  simples  should  be  the  subject  of  monopoly.  If  rhubarb 
and  senna,  or  calomel  and  jalap  were  for  the  first  time  put  together, 
he  who  should  do  it,  whether  regular  practitioner,  or  quack,  would  not 
be  an  inventor  or  discoverer  under  the  law.  If  done  by  a  doctor  it 
would  only  be  the  exercise  of  ordinary  professional  skill;  if  by  another, 
it  would  be  but  an  ignorant  jumble  of  things  having  supposed  virtues 
and  benefits  to  be  obtained  by  the  union  of  known  drugs." 
A  scheme  is  on  foot  to  obtain  such  objectionable  monopolies, 
and  their  protection  by  the  Courts,  by  creating  a  system  of  patenting 
names  in  each  country,  and  then  by  means  of  international  treaties 
to  form  a  union  for  the  commercial  control  of  such  names  throughout 
the  world.  Some  of  the  Latin  countries  have  already  adopted  this 
scheme.  Further  information  concerning  it  may  be  obtained  by 
consulting  the  Report  of  the  Commissioners  Appointed  to  Revise 
the  Statutes  Relating  to  Patents  and  Trade-marks  (Senate  Docu- 
ment No.  20),  referred  to  above.  The  following  paragraphs  are 
copied  from  a  report  of  a  draft  presented  by  M.  Ch.  Jagerschmidt,  a 
French  delegate  to  the  Conference  which  met  at  Paris,  Nov.  4, 
1880,  for  the  purpose  of  taking  preliminary  steps  leading  to  the 
adoption  of  the  International  Convention  at  Paris,  1883,  having  as 
its  object  "the  protection  of  patents  for  inventions  and  other  in- 
dustrial property."  The  Convention  was  ratified  at  Paris,  June  6, 
1884,  but  was  not  adhered  to  by  the  United  States  until  March  29, 
1887,  and  proclaimed  by  the  President,  June  11,  1887.  Still  our 
Government  sent  a  delegate  to  the  first  conference  under  it,  held  at 
Rome  in  1886. 
The  following  paragraphs  are  copied  from  Mr.  Jagerschmidt' s 
draft: 
"Art.  6.  Every  production  bearing  unlawfully  either  the  mark 
of  a  manufacturer  or  of  a  merchant  located  in  one  of  the  countries 
