fortune to a particular firm; another concocter of toilet 'requisites'
may be tempted to adopt the same title, in the hope that the originator
may fail to shew that the Straits of Macassar have really anything to
do with the matter. If a compounder of pills and ointments (say Mr
Jones) is driving a flourishing trade at a particular shop, and if
another person (also named Jones) opens a shop close by, and sells
similarly curative pills and ointments, he may hope to trade partly
on the good-luck of the other, and may defy any one to prove that the
surname has been falsely assumed. If a trader be making a good thing
out of baking powder, and another man wraps up another (perhaps an
inferior) kind of baking powder in packets printed almost exactly
in the same style and wording, he trusts to an unwary public being
deceived in the matter. No small difficulty has been felt at times,
by judges and jurors, in determining whether a particular designation
or inscription really deserves the rank of a trade-mark, and ought to
be protected as such. If a man's name be combined with the name of
the article sold, this would in most cases be a good trade-mark: such
as Day and Martin's blacking, Delarue's playing-cards, Elkington's
electro-plate, Rimmel's perfumed valentines, Reid's stout, Beaufoy's
vinegar, Fortnum and Mason's hampers, Crosse and Blackwell's pickles,
and the like. But if there happen to be two men of the same name in
the same trade, then there may possibly be materials for wrangling,
should the men be disposed to wrangle. It is for this reason that
Dent's watches, Mappin's cutlery, Clarke's coals, Smith's gin, &c.
would not be alone sufficient as trade-mark designations; because there
are two persons or two firms entitled to use it, something additional
would be needed.
The imitation of a label is one of the most prevalent modes of
displaying the shabby dishonesty of those who disregard the rights
conferred by a trade-mark; but brands and painted marks are imitated
with equal boldness, if not so frequently. Soda-water bottles which
have in the making been stamped with the name of a particular firm
have, in like manner, got into the hands of persons who fill them
with soda-water of an obscure and unrenowned quality. Wine-casks
and cigar-boxes, branded with well-known names, have similarly been
utilised by the sellers of inferior commodities. As to two Howqua's
mixtures, it was shewn that there was no such person as Howqua
concerned in the matter. Is it true that Birmingham manufacturers
often receive orders from merchants to make certain goods, and to
stamp on them certain trade-marks belonging to third parties; and
that the manufacturers do this as a matter of course, 'all in the way
of business?' Is it true that, in obedience to orders from wholesale
houses in the Manchester goods-trade, manufacturers will sometimes put
two hundred yards of sewing-thread on a reel, and paste on it a label
denoting three hundred yards? If so, 'pity 'tis 'tis true.' The latter
of these two ifs does not relate to a trade-mark piracy, but it is
equally indicative of a shameful disregard of the principles of _meum_
and _tuum_.
Foreigners have had in past years much reason to complain of English
imitations of labels, inscriptions, signatures, and trade-marks. Among
metal goods there was one American Company famed for the really good
edge-tools manufactured by them; they were imitated at Birmingham, so
far as regards a similar mark stamped on each article, or a similar
label attached; of course the tools, whether good, middling, or bad,
were not what they professed to be; they were worth less in the market,
but were nevertheless sent forth as ifs made by the original Company--a
bit of sharp practice very little creditable to the parties concerned.
Most amply have foreigners taken their revenge; indeed it is not
improbable that they first began this game; seeing that they had more
to gain from a great manufacturing nation than we had to gain from them
in this way. Sheffield has been despoiled by them in a notable degree.
Knives, files, fish-hooks, needles, &c. made very cheaply of inferior
steel, receive in the German workshops (more perhaps than in those
of France or Belgium) brands, marks, wrappers, and labels so closely
resembling those of eminent Sheffield firms, as to deceive all but
the most wary. In some instances, the foreigners have given the go-by
to us with an almost superb audacity: imitating the very notification
on English wrappers that to imitate that particular trade-mark is
felony! Print what they may, stamp what they may, English manufacturers
of high-class goods find that they cannot ward off this kind of
cheatery--cheatery, not of money direct, but of the good reputation
which possesses money's worth. However, international trade-mark laws
are doing something to lessen this unfairness--of English towards
foreigners as well as of foreigners towards English. Some further
illustrations of these matters will be found in the volume of this
_Journal_ for 1859.
Now for our picture-book.
An Act of Parliament passed two years ago ordained that from and after
a specified date all new trade-marks must consist of the printed or
impressed or woven name of a particular firm or individual; or a
copy of the written signature of the party concerned; or distinctive
devices, designs, marks, headings, labels, or tickets. The scope is
sufficiently wide to give an ample choice; but it must not extend to
representations of the Queen, the royal family, or foreign sovereigns;
nor to royal or national arms, crests, or mottoes; nor to the arms of
cities, boroughs, countries, or families; nor to representations of
prize or exhibition medals; nor to the use of the words 'trade-mark,'
'patent,' 'warranted,' or 'guaranteed.' No such restrictions, however,
are placed upon any trade-marks that were in use before the passing of
the recent Act. The Lord Chancellor and the Commissioners of Patents
divide between them the carrying into effect of the new statute. A
new office has been established for the registry of trade-marks,
with a registrar at its head. The Lord Chancellor has framed rules
and regulations, with a tariff of fees approved by the Treasury. The
registry, when once granted for a trade-mark, holds good for fourteen
years, and is renewable for equal periods of fourteen years on the
payment of additional fees. There is so much to pay on application for
registry; then so much for any and every extension to other classes
of goods; then so much if there be two or more marks for the same
article; then so much on actual registration; then so much for every
change of name or of address; and then so much for a certificate. The
outlay amounts to a good many pounds altogether, but not approaching
the cost of a patent. The registrar has a certain time allowed to him
between the application and the registration to make the necessary
scrutiny, &c. Every application for registry, accompanied by a drawing
or engraving, must give an accurate description of the trade-mark,
specifying any words, &c. to which the applicant attaches special
value--of course within the limits permitted by the rules.
As one registration of any trade-mark is valid only for one class of
goods, a careful classification becomes necessary; and this has proved
to be one of the most remarkable features in the system. Some one's
brains, or the brains of more than one, must have been a good deal
exercised in dividing the whole range of human industry into fifty
classes, and in assigning the contents of each class. For instance, the
first three classes comprise chemical substances and preparations used
in manufactures, agriculture, and medicine; the fourth resins, oils,
and gums. Then follow three great classes to include metals, machines,
and engines; four more for instruments and tools of various kinds; and
two for cutlery and edge-tools. Without specifying each individually,
it will suffice to say that two classes are occupied with works in
the precious metals and jewellery; two with glass and china; two with
building and engineering materials and appliances; two with arms,
ammunition, and explosives; one for naval equipments and appliances;
and one for land vehicles of all kinds. The textile branches of
industry make a large demand for classification, in regard to raw
materials, yarns, thread, and piece-goods: three for cotton, three
for flax and hemp, one for jute, three for silk, three for wool and
worsted, and one for carpeting and rugs. Saddlery and harness require
one class to themselves, so does made-up clothing, so do india-rubber
and gutta-percha goods. Paper, printing, and bookbinding; furniture
and upholstery; food and ingredients for food; fermented and distilled
liquors; aërated and mineralised beverages; tobacco, snuff, and cigars;
agricultural and horticultural seeds; candles, matches, lamp-fuel, and
laundry substances; perfumery and toilet requisites; games and toys of
all kinds--claim each its own class. Lastly comes class fifty, a refuge
for the destitute, comprising everything 'miscellaneous,' everything
for which room cannot well be found in any of the other classes. The
registrar has sometimes a little difficulty in deciding to which class
a particular trade-mark properly belongs.
As one of the consequences of the new Act of Parliament, a _Trade-mark
Journal_ has been established by the Commissioners; and this is our
picture-book. It appears once, twice, or thrice a week, according to
the requirements of the subject, and (at the time we are now writing)
has reached about its seventieth number, and contains something like
four thousand pictures or representations of trade-marks. To what
extent the collection will increase by-and-by, no one can form even a
guess. The illustrations relate to the trade-marks applied for under
the new Act; and the Journal also gives the name and calling of each
applicant, a description of the goods, and a statement of the length
of time during which the mark has been used. The Journal thus affords
all persons interested in trade-marks authoritative information as to
the nature of the marks used in the respective trades. A wood-cut block
or an electrotype must be forwarded to the office, representing the
particular trade-mark applied for, if it is to appear in the Journal;
and each quarto page is made up by printing from several such blocks or
casts. Even if the mark consists only of names and words, still a block
or plate must be sent representing it.
The Master, Warden, Searchers, and Assistants of the Cutlers' Company
at Sheffield possess, in virtue of ancient charters, very special
privileges, which the new registrar of trade-marks is not allowed to
contravene. He works in harmony with the Company; and every trade-mark
recognised by the latter may claim of right admission into the
register. To facilitate the granting of trade-marks for cotton goods,
an office has been established at Manchester for the exhibition of all
marks, devices, headings, labels, tickets, letters, &c. used in the
cotton trade, and locally designated 'cotton-marks' and a committee
of experienced Manchester men decide which among these symbols or
hieroglyphics deserve to be regarded as trade-marks for registration.
Who can count the varieties of fanciful devices that make their
appearance in our picture-book? Analogy between the device and the
goods is sometimes attended to; but more frequently it is thrown
overboard altogether. Do we require portraits of individuals,
celebrated or otherwise? Here is a sarsaparilla man, here one renowned
for cod-liver oil, and anon a hero of sewing-machines; Sir Walter
Raleigh is brought into requisition by a tobacco manufacturer; while a
cigar-maker, taking advantage of the recent excitement connected with
a famous picture, adopts a wood-cut copy of Gainsborough's 'Duchess of
Devonshire.' Or are we likely to be smitten with views and landscapes?
We can choose between the Egyptian pyramids lighted up with an orient
sun; a view of Keswick (near which most of our black-lead for pencils
is obtained); a view of a paper manufactory. In some sense apposite
are a baby in a cradle, for needle-making; a broken willow-pattern
plate, for a newly warranted cement; the Colossus of Rhodes [roads],
for railway signals; Cupid sharpening his arrows, for emery-grinding
wheels; a smart man measuring round a smart forehead, for hat-making;
the sun eclipsing nearly everything, for the eclipse sauce; a dog's
head, for fibrine dog-cake; four nigger plantation minstrels, for
cigars; and 'No place like home' as a trade-mark motto for fenders and
fire-irons.
To account for others, the fancy must make wide excursions indeed. A
maker of edge-tools adopts stars and crowns, a monkey eating an apple,
an elephant's head, oxen and lions with initials on their flanks, a
negro's head, a cassowary, a boot, a sledge; and the head of an Aztec
accompanied by the inscription: 'Look for this stamp on each tool, if
you want a genuine article made from electro-boragic cast-steel.' A
locomotive does not seem specially suitable as a trade-mark for silk
goods; nor a rearing and roaring white lion for Portland cement; nor
a feudal castle for good hosiery; nor a crowing cock for artificial
manure; nor a helmsman at the wheel for aërated waters; nor a tearing
ranting buffalo for floor-cloth.
POPPET'S PRANKS.
Poppet, the subject of the following sketch, was a little brown monkey,
who was for several years a member of our family. She had no hair
on her face or the palms of her hands--I say _hands_, as they were
beautifully formed, with long filbert nails, very pretty although
black, except the thumb, which certainly was not aristocratic, being as
broad as long. Her feet were like her hands, but longer, and she could
use them with equal facility. Her eyes were really beautiful, of a
clear golden brown; the nose certainly rather flattened; and the mouth
large, but displaying a set of beautiful little pearly teeth that many
a belle might have envied. Altogether Poppet was a very pretty little
thing; and when arrayed in a little tartan dress with white tucker,
her hair brushed neatly, and an amiable expression on her face, looked
very winsome and coaxing; but that expression could vanish with the
swiftness of lightning, and one the reverse of prepossessing take its
place.
How we lived for the first three months after her arrival, when she
roamed the house at her own sweet will, has been a source of wonder
ever since; certainly it was in much discomfort; when working, sitting
with our scissors and thread in our pockets, for if they were placed on
the table, in an instant they were carried to the top of the window
cornice, Poppet's favourite retreat. Sometimes, if coaxed by an apple,
she would drop them; at other times no blandishments would prevail, and
she would sit drawing her sharp little teeth over the thread, cutting
through every row. If she captured a paper of pins or needles, she
delighted to climb to the top of a tall plum-tree, where, free from
molestation and deaf to entreaties, she amused herself by dropping them
one by one. One day my mother entered the bath-room just in time to
see Poppet dart out of the window to a large tree, which unfortunately
grew close by, with a quart bottle of magnesia in her hand, which she
proceeded to shower down, much amused at the miniature snow-storm, and
not leaving a grain in the bottle. The meals at that time were most
uncomfortable. When there were eggs for breakfast, we had to pocket or
hide those not in immediate use, or Poppet would snatch them up and be
out of reach in a moment. As a general rule, when food is fairly in the
mouth, it may be considered safe; but I have often seen Poppet perch on
some one's shoulder, open the mouth by a sudden jerk of one hand on the
nose, and another on the chin; then the little brown hand would dive
in, and the contents be transferred to her pouches; all being done with
such extreme rapidity that strangers used to think it little short of
magic.
It was always a terrible business to get Poppet to bed, having to coax
her down by placing an apple or piece of cake on the table, and then
try to seize her when she approached the decoy; but her movements were
so rapid that this had often to be repeated several times. At last
patience failed, and it was resolved she should be put to bed at six
o'clock, when she had her last meal, being quite sure of her then,
as she always had a 'goodie,' which she was allowed to take herself
from a bottle of mixed fruit-drops, kept for her especial delectation.
Poppet evidently regarded the production of this bottle as the event
of the day, but never learnt by experience that the bottle neck was
too narrow to draw back her hand when quite full, and that it could
only be done if one or two goodies were seized. Each night she would
sit with her little brown face puckered up into an expression of
intense anxiety as she clutched as large a handful as possible. After
trying ineffectually, she would draw out two with a sudden dash, and
endeavour to get her hand in again before the stopper was put on; and
her movements were so quick that she often succeeded!
Everything she stole was transferred to her pouches. Anything soft, as
mashed potato or rice pudding, she would eagerly cram there, until her
cheeks were quite distended, when she had a most comical appearance,
her face being far broader than long. When anything small was lost,
the first places examined were Poppet's pouches. I remember once
when she had been found in my father's dressing-room, they contained
a most wonderful collection, consisting of two pair of gold studs,
half-a-dozen buttons, a clock-hand much twisted, several large needles
and pins, a piece of toffy, and a small piece of carrot. Verily, as we
used to think, those same pouches must have been lined with leather.
Poppet had a great objection to a cuckoo clock we had, and her first
performance was to open the little door at the side, thrust in her
arm, drag out the poor cuckoo and bite off its head; and it was a
frequent exploit (having broken the glass by dragging the clock several
times off the mantelpiece on to the floor) to twist up the hands like
cork-screws, giving the poor clock the most demented expression. Of
course it didn't go well. Who could expect it, after such repeated
shocks to its constitution!
Poppet's bedroom was in a little cupboard under a washstand; the
hot-water pipe passed through it and made a kind of curve. On this a
cushion was placed; and her ladyship being clothed in a garment soft
and warm, was popped in, shut up with extreme rapidity, and came out in
the morning, as nurse used to say, 'as warm as a little toast.' When
we first got her, everybody said we should not keep her over the first
winter; but we took such good care of her that she lived over several
winters. Some of the family, I may observe, did secretly wish she were
not so tenacious of life, or the winters more severe. Words would
fail to mention the mischief she wrought; the vases and crockery she
smashed; the treasured articles (still retaining marks of her teeth)
she spoiled during her life of three years with us. She seemed to have
the power of elongating her limbs or throwing out an extra one in the
most mysterious way. If, for instance, you left her chained to the
fender and returned in about a minute, you were certain to find Poppet
playing with something from the far end of the room.
She was so immensely strong she frequently dragged a heavy iron fender
across the room and into the passage; and so cunning, that no knot,
however complicated, could hold her long. Those cunning little fingers
could have unravelled the Gordian knot itself. If she found she was
watched, she dropped her hands so as to cover what she was doing, and
assumed a vacant expression. She, however, never could repress a scream
of triumph as she broke loose. Then she would dash round, knocking over
vases and inkpots, and tipping over glasses generally full of something
that would stain; doing as much mischief in five minutes as the most
terrible child could in a day. Then ensued a chase, greatly enjoyed on
one side, though not on the other; Poppet springing from picture to
picture, making the cords creak with the sudden jerk, her chain rapping
on the glass of bookcases and mirrors as she flew along their tops;
at last taking refuge on the cornice, leaving every one panting and
exhausted from the chase and fright. She was a great source of terror
to nervous visitors, nor was this always unfounded, as on one occasion,
when a lady was leaving the house congratulating herself that the
visit was safely over, Poppet suddenly made her appearance, and nearly
dragged the bonnet from her head. Another time, when my mother entered
the drawing-room she found a friend lifting the cloth, and looking
under the table. She explained her peculiar action by saying she was
afraid that dreadful monkey might be there. I once had a friend Miss
G., staying at the house who took a great dislike to Poppet, and was
always making disparaging remarks anent her little ladyship. She was
always very quick in perceiving who liked her and who didn't; so this
disapproval she returned with interest. She would creep along the floor
dragging the fender until she could get hold of Miss G.'s foot, when
she would scold at her in the angriest manner, her eyes glowing with
indignation; and when loose, try to get at her with great fierceness.
On one occasion Poppet chased Miss G. up-stairs into her room, and
then perched herself on a large wardrobe close to the door, evidently
waiting for her to come out. Hearing my screams of laughter--for
Poppet's anger and the lady's fright were most comical--she opened the
door an inch or two and was beginning: 'Has that little wretch gone? I
wonder you can keep such an abominable little brute in'---- when she
caught sight of Poppet's wicked grinning little face, just going to
launch herself at the open door, which was closed with a hasty slam;
nor would she venture out until after repeated assurances that Poppet
was safe in her cage, for we had at last really been obliged to get her
one, and a very strong one too. When she was first put into it every
bar was shaken with all her force; and not until by frequent trials did
she become convinced that they were beyond her strength.
One of my sisters constituted herself Poppet's dressmaker. She wore
brown holland dresses, bound with scarlet in summer, and plaid or
dark-warm cloth in winter. One day, however, Maggie's enthusiasm always
to have Poppet well dressed received a sudden check. She had just
completed a new tartan, when turning away for a moment, she perceived
a strong smell of burning; and found Poppet had ungratefully consigned
the pretty new dress to the flames. Another time, when we were removing
to a different part of the country, Poppet was so upset by the noise
and confusion, that in sheer wantonness she laid a pair of boots in
the blazing grate; fortunately they were rescued before they were much
injured.
We shall never forget the consternation that prevailed when the
well-known cry, 'Poppet's loose!' echoed through the house. Every one
flew to their bedroom to close the window, as, the house being covered
with ivy and surrounded by trees, the monkey could make exit by any
that happened to be open.
Frequently she did mischievous things in the most ingenious way. One
day, finding a hair frisette on the stairs, my mother took it to her
room; her sudden entrance startled Poppet, who bolted out of the
window into a cherry-tree, knocking over and breaking a large mirror,
also leaving three bottles that were on the mantelpiece pouring their
several contents of oil, glycerine, and Eau de Cologne on to the
carpet. Although Poppet screamed loudly when angry or excited, she
bore pain wonderfully, and never cried out. Once when she was being
chased for stealing some cough-drops, one of her fingers was put out
of joint in the scrimmage. I rolled her up in a shawl and took her to
the doctor. He must have put her to considerable pain in putting it in;
but except by frowning very ominously, the creature made no sign. As
soon, however, as I got outside the door, she turned round and nearly
made her teeth meet in my thumb, evidently thinking: 'There! That's to
pay you out for the pain you have made me suffer.' And once when, with
her on my knee, I was using a pair of very sharp scissors, she inserted
her finger between the blades, which nearly divided it; however, she
never cried out, but actually bit at the wound till it bled terribly.
She once startled us by making her appearance in the drawing-room with
face, hands, and feet dyed a brilliant purple. We found she had upset
a bottle of violet ink in one of the bedrooms, and had then paddled
about on the white quilt and toilet-cover. The ink being 'permanent,'
caused the occupant of that room to regard the little brown offender
with righteous indignation for some time.