TRADE ASSOCIATIONS. 394 TRADEMABK. assumed. Thus provision may be made for ex- hibits at fairs, trade schools may be encouraged, selling agencies established, bureaus of employ- ment maintained, local improvements furthered, or, as in the lumber business, a system of mutual insurance may be attempted. A very important function is the promotion of social intercourse and general good will. It is not always easy to draw a sharp line between the acts of a trade association and those of a trade combination in which the financial management has been central- ized. At present the typical forms of protection are: (1) against introduction of so-called unfair methods within the trade; (2) against railroad discrimination in rates: and (3) against labor organizations. Jobbers' and retailers' associa- tions protest against sales direct from manu- facturer to consumer, and sometimes establish a boycott against recalcitrant manufacturers. The decreasing importance of the jobber in the distributive system makes the efforts of their associations of particular interest. 'Exclusive agreements' may be made by a middlemen's association with certain manufacturers, in which case no other but the latter's goods will be used. The object of certain associations, in their own words, is "to help the manufacturer decide who are legitimate dealers." In trades where freight forms an important item of cost, a prime object of the association is likely to be the adjustment of railroad rates. The National Association of Stove Manufactur- ers and the National Transportation Association, an organization of shippers, are examples. In 1903 the Georgia Sawmill Association took the radical move of disregarding the possibility of an appeal to the Interstate Commerce Commis- sion and themselves asked for an injunction re- straining certain Southern railroads from advanc- ing rates on yellow pine. The.v asked that the Southern Freight Association be declared an illegal combination in restraint of trade. In- creased demands of labor organizations, in recent years, have greatly stimulated defensive action by trade associations. In the building trades of New York, the Employers' Association was en- gaged during 1903 in a bitter war with the unions, while in Chicago employers and em- ployees of the same group of industries ap- parently passed the stage of fighting, and settled trade matters by agreement between their respec- tive associations, a procedure not always to the advantage of the public. TRADE, BoAKD OF. A department of gov- ernment in England designated "the lords of the committee of his Majesty's Pri'y Council ap- pointed for the consideration of all matters re- lating to trade and foreign plantations." Crom- well in 16.55 was the first to establish a perma- nent committee for matters of trade. Charles II. continvied the policy and in 1660 created two separate councils for trade and for foreign plan- tations, which in 1672 were consolidated into one. In 1786 the present department was established as a permanent committee of the Privy Council. The Board as now constituted consists of a presi- dent who is a member of the Cabinet, together with the First Lord of the Treasury, the Chancel- lor of the Exchequer, and numerous other ex- officio members : but, like the Treasury Board, the Board of Trade does not meet, and consists in practice of the president and his staff. It com- prises the following departments: (1) The com- mercial, labor, and statistical department, whose principal function is the collection and dissemi- nation of information concerning matters of trade. Since 1 886 it has published the Board of Trade Journal. (2) The railway department, established in 1840, with numerous duties of supervision and insjjection. (3) The marine de- partment, established in 1850. which has general supervision over merchant shi]iping and the care of seamen. (4) The harbor department, whose province includes besides lighthouses, harbors, etc., weights and measures, coinage, and other miscellaneous matters. (5) The finance depart- ment, which keeps the accounts for the Board and audits for Parliament the reports of the life insurance companies. (6) The fisheries depart- ment. TRADEMARK. A mark, name, emblem, or device adopted by a tradesman or manufacturer and attached to or stamped upon his goods in some manner for the purposes of identification by the public, and protection against the sale of fraudulent imitations. The law of trademarks is of modern development. In 1742 Lord Hard- wick declared that he could not protect a trade- mark adopted by a trader from being used by another. It was not until 1803 that the English courts attempted to prevent the fraudulent use of an adopted trademark. Since that time the law on t!ie subject has developed rapidl.v. The statute now in force in England is known as the 'ilerchandise Marks Act.' It provides for regis- tration, and makes the registrv conclusive evi- dence of title after five years' use of the regis- tered trademark. The first trademark statute in the United States was passed in 1870. Under the decisions of the United States courts, the office of a trademark is to indicate the origin or owner- ship of an article on which it is found. There- fore, it follows that a valid trademark must fulfill one of the above essentials either from its own nature or by reason of association with the article itself and the maker's name. A name which is merely descriptive of the qualities or nature of an article, cannot constitute a valid trademark, as its use as such might tend to create a perpetual monopoly in the sale of the article described. For example, the L'nited States courts held that the words 'acid phos- phate' could not be protected as a trademark, as they were considered to be descriptive of the essential characteristics of the preparation .sold under that name, and as it was a known form of chemical combination, it would prevent others from describing accurately a similar combina- tion. In general, a geographical name cannot be used as an exclusive trademark. However, a person not doing business in a locality known for a certain product will not be permitted to use the name of that locality as a trademark on similar products handled by him, but not coming from that locality where the name is already in use by a tradesman In the well-known district. A person's own name will not be protected as a trademark as against a person of the same name. who. acting in good faith, desires to use his name on his own goods. A trade name is, therefore, to be distinguished from a trademark, and can onl.v be protected by a court of equity
