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Masonic Trade-Marks
MASONIC TRADE-MARKS
FEOM THE MASONIC NEWSPAPER . TUE not infrequent uso of Masonic emblems in outward display has rarely mot with the approval of right-thinking members of tho fraternity , and when an exhibition of this nature presents itself , wo are at once led to suspect tho good faith , if wo might not add tho good sense , of tho exhibitor .
To such £ > n extent has this weakness progressed , that but recently two applications havo been mado to the U . S . Patent Office to adopt the symbol of tho Square and Compass as a trade-mark to distinguish a certain brand of Hour . As this matter must necessarily interest the fraternity , it is deemed not inappropriate to present the exact text of the opinion pronounced by tho able Commissioner of Patents
in rejecting the application . In the first tho following opinion was delivered : — "It is proposed to adopt the ' Masonic emblem of the Square and Compass , ' and thereby to transform into a legal trade-mark certain words which have hitherto been refused recognition as such mark . Can such an emblem bo exclusively appropriated ? Can it bo applied
to the purpose of traffic ? Is it calculated to answer tho purpose of a mark to bo affixed to merchandise , so as to denote origin or ownership ? Theso questions can best bo answered after an inquiry into tho meaning of the emblem . It is the symbol of a fraternity that is known throughout the world—pervading all classes and conditions of society , —ancl which claims for itself a continuous existence from
pre-historic times . As an ideogram , it virtually proclaims its possessor to be a member of a certain order of men , whether such be true or false . It is an ideographic appeal to fraternal feelings . It has been anathematized by tho followers of one religious faith , at least , and has for centuries been regarded as the distinctive badge of a peculiar body . If now placed upon the head of a flower-barrel . as
proposed by tho applicant , what would the purchaser understand thereby ? Would he be apt to associate it with the industrial product of a certain person ? No . He would naturally think that tho person who had applied it to such a purpose meant it to bo taken in its legitimate and ordinary sense . " In the second the following decision on appeal was made : —
" Applicant is a manufacturer and vendor of flour in tho city of St . Louis , Mo . He has tvro establishments upon different streets , and be seeks to register as trade marks to be used upon the barrels containing his flour , tho words 'Cherry St . Mills" in one case , and ¦ Market St . Mills " in tho other , combined respectively with a wellknown Masonic emblem , the Square and Compass . These
combinations of words and symbols , it is strenuously maintained , embrace all the requisites , and como within none of tho negative exceptions or limitations of tho law defining a legal trade-mark . Applying tho comprehensive test laid down by tho Commissioner in ex parte Dawes and Tanning , Official Gazette , vol . 1 , p 27 , it is said that neither of the combinations claimed is tho name of a person , firm or occupation ,
or is calculated to deceive the public as to the true origin or character of tho article to which it is applied , or is generic or descriptive of quality ; and , finally , it is assorted thafc each when applied to the commodities for which it is adopted as a trade mark , will distinguish them from others of tho same class . Tho essouco of those alleged trade-marks is the Masonic symbol , the Square and Compass . It has
already been determined thafc the words alone do not possess tho characteristics of a legal trade-mark , and , in order to make it appear that the addition of tho Square and Compass do confer theso characteristics , it is also insisted that this Masonic symbol is not used with its ordinary signification . If this emblem were something other than precisely what ifc is , either less known , less significant , or
fully and universally understood , all this might readily bo admitted . But considering its peculiar character aud relation to tho public , an anomalous question is presented . Thore can bo no doubt thafc this device , so commonly used and employed by Masons , has an established mystic significance universally recognized as existing •whether comprehended by all or nofc , is not material to this issue . Considering
the antiquity , tho traditional origin , tho profound secresy , the magnitude aud extent , tho flourishing condition , and the permanent character of the Masonic organisation , I seriously question whether its emblems aro not to be regarded as its property , at least in such a sense , that no person can monopolize them as trade-mark devices . It is not proposed , however , to do more than raise tho query , without
entering upon the discusssion here . The ground for this decision lies in another direction , and to ray mind is obscured by no cloud of doubt . In view of the universality of Masonry—tho mystic tie that binds all nationalities in one common fraternity , —and tho unchangeable characteristics of emblems appealing with tho same force to the brotherhood in all parts of the earth , it is impossible to divest those
symbols , or at least this particular symbol , perhaps tho best known of all , of its ordinary signification whenever displayed , either as an arbitrary character or otherwise . It will bo universally understood or misunderstood as having a Masonic significance , and therefore as a trade-mark must constantly work deception . Nothing could be moro mischievous than to create as a monopoly , aud uphold by the
power of law , anything so calculated , as applied to purposes of trade , to bo misinterpreted , to mislead all classes , and to constantly foster suggestions of mystery iu affairs of business . There was a time when the cross and crescent , and tlie red and white roses of the houses of York and Lancaster , possessed as symbols such a significance , and occupied such a place in the public mind , in portions of tho old world , as would afibefc common affairs , aud could not properly be
disregarded under whatever circumstances they should appear . If thoy were now held in the same estimation iu this country , who imagines that they could bo divested of tho general significance so that they could successfully be adopted to constitute trade-marks , and be displayed before the public in that capacity ? The case of these Masonic symbols is *' n some respects different , to be sure , yet it js in important particulars similar , and the same objections lie to
Masonic Trade-Marks
their uso in tho manner proposed . I am clearly of opinion , therefore , that tho proposed combinations cannot properly subserve tho ends of a trade-mark . Among Masons , with whom this token has a moral significance , its uso in that capacity would undoubtedly be regarded as a base prostitution of : ifc to mercenary purposes , whilo with others
its mystic force would oftou dissipate itsvirtues as a trade-mark , and perhaps in somo instances place tho article it appeared upon under a ban . Thus , if these trade-marks could be sanctioned , they wonld tend to defeat tho fundamental object of tho trade-mark law , which is an offshoot of tho ancient " law-merchant , " and liko them designed to advance trade and manufactures . "
We cannot too highly commend the perusal of theso sensible opinions , and trust that the lessons which they teach will not bo lost with those members of tho fraternity who think it not improper to make public exposition of Masonio jewelry to the end and purpose that thrift may follow .
Masonc Refreshment.
MASONC REFRESHMENT .
FROM THE "VOICE OP MASONRY . "
FREQU ENTLY , 1 think , sufficient attention is nofc paid to what is facetiously termed " The Knife and Pork Degree . " It is all very well to say Lodges can't afford refreshment every evening thafc they convene ; but this , I fancy , ia a mero excuse . No Lodge is so poor that ifc cannot extend slight hospitality to tho brother or brethren visiting ifc . In so doing , tho warmth of hospitality thaws tho otherwise formal reception , which , in so many instances , is frigid to the
visitor . Ifc makes him feel at home , and this shonld be ono of the great objects of our Fraternity . How cold has been the reception we have too frequently seen ex . tended to the visiting brother ! He has come , perchance , from a distant land ; has proved himself a Mason , is formally introduced , as formally welcomed , and told to take a seat amongst tho brethren . No one speaks to him ; ho sees the work ; tho lodge is closed , and he is
loft to find his way back alone to his hotel . What does the foreign brother think of his welcome in a strange land ? Has ho found a home amongst his brethren as he anticipated , or is he to all intents and purposes a sojourner in an unknown land ? Surely , he has left that Lodge with feelings very akin to disgust , and , in all probability , has formed an unfavourable impression of the Institution that he onco loved so well .
On tho other li'md , how different ifc is if , on sending in his card , a committee of gentlemen wait upon him , and by their polite and courteous manner prove to him tho welcome he will receive if ho proves to these followers of Hiram that ho is a true Son of Light . These brethren are too well versed in Masonry universal to endeavour to puzzle him , as I have seen many do , with catch questions and Ma .
sonic conundrums , but rather dwell upon tho cardinal principles and grand landmarks that characterize Freemasonry in every land , and nofc upon the peculiar verbiage of their own Grand Lodgo Jurisdiction . In so doing , examiners and examined alike glean information , and afc tho close of the examination the brethren cordially welcome the visi . tor , and , after formally introducing him to the AVorshipful Master ,
take the first opportunity of making him acquainted with the brethren individually . The Junior Warden , after a time , calls from labour to refreshment , and then around tho social board the charms of free intercourse , the pleasant sallies of wit and fun , the free interchange of thought , tho hearty toast of welcome , the song , the whole-souled words of
cordiality , tho jokes and laughter , and the genuineness of the warmth of greeting , make him feel himself something more than a welcome guest , in truth and reality—at home . The hour of refreshment is over , and again labour is resumed . Ho finds himself doubly interested in tho proceedings ; ho knows many of the brethren by name , several have invited him to visit their houses , whilst others have promised to call upon him in the morning and five
him either advice or assistance , if he proposes to settle amongst them , or if not , to render his sojourn amongst them pleasant and agreeable . The Lodge is closed , and , with a hearty shake of the hand all round , ancl mutual expressions of good-will , the brethren separate , and he leaves them , after a pleasant walk to his hotel with somo of them , with an innate feeling that he has fallen amongst brethren who truly appreciate tho tenets of the Fraternity as exemplified by brotherly love .
Now , how easily all this has been accomplished . Ifc is nofc necessary that the festive board should groan , as our porters say , beneath tho weight of costly viands , cut-glass , and massive silver . Tho simple cracker and cheese , a few strawberries , or fruit in season , and a cup of chocolate , coffee , or cocoa , suffice as well aa snmptnons dishes and expensive wines . It is the social welcome thafc the visitor desires ,
and it is not only tho visitor thafc enjoys " tho good things" and " tho kindly words" that necessarily fly to and fro during the hour of refreshment ; but afc this season brethren are drawn closer together ; and if unfortunately there havo been little differences , bickerings , or jealousies amongst a few . individual members , they are apt to bo forgotten when all is joy and happiness around them . By all means , then , brethren , do not neglect " the Knife aud Fork
Degree , " andsnmetimes improve upon ifc by initiating your fair relatives into its mysteries , by teaching thom its charming symbolism in tho refreshment-room amidst the songs of birds , the bloom and perfnmo of flowers , and the notes , if possible , of instrumental and vocal music . Do this , brethren , and Mrs . Caudle ' s lectures after Lodge hours will nofc be so apt to disturb your peace of mind upon returning home from the Lodge .
West Middlesex Lodge of Instruction , Wo . 1812 . — At the meeting held on the 4 th instant , Bro . H . E . Tucker was nnanimously elected Treasurer and Preceptor for tho ensuing year .
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Masonic Trade-Marks
MASONIC TRADE-MARKS
FEOM THE MASONIC NEWSPAPER . TUE not infrequent uso of Masonic emblems in outward display has rarely mot with the approval of right-thinking members of tho fraternity , and when an exhibition of this nature presents itself , wo are at once led to suspect tho good faith , if wo might not add tho good sense , of tho exhibitor .
To such £ > n extent has this weakness progressed , that but recently two applications havo been mado to the U . S . Patent Office to adopt the symbol of tho Square and Compass as a trade-mark to distinguish a certain brand of Hour . As this matter must necessarily interest the fraternity , it is deemed not inappropriate to present the exact text of the opinion pronounced by tho able Commissioner of Patents
in rejecting the application . In the first tho following opinion was delivered : — "It is proposed to adopt the ' Masonic emblem of the Square and Compass , ' and thereby to transform into a legal trade-mark certain words which have hitherto been refused recognition as such mark . Can such an emblem bo exclusively appropriated ? Can it bo applied
to the purpose of traffic ? Is it calculated to answer tho purpose of a mark to bo affixed to merchandise , so as to denote origin or ownership ? Theso questions can best bo answered after an inquiry into tho meaning of the emblem . It is the symbol of a fraternity that is known throughout the world—pervading all classes and conditions of society , —ancl which claims for itself a continuous existence from
pre-historic times . As an ideogram , it virtually proclaims its possessor to be a member of a certain order of men , whether such be true or false . It is an ideographic appeal to fraternal feelings . It has been anathematized by tho followers of one religious faith , at least , and has for centuries been regarded as the distinctive badge of a peculiar body . If now placed upon the head of a flower-barrel . as
proposed by tho applicant , what would the purchaser understand thereby ? Would he be apt to associate it with the industrial product of a certain person ? No . He would naturally think that tho person who had applied it to such a purpose meant it to bo taken in its legitimate and ordinary sense . " In the second the following decision on appeal was made : —
" Applicant is a manufacturer and vendor of flour in tho city of St . Louis , Mo . He has tvro establishments upon different streets , and be seeks to register as trade marks to be used upon the barrels containing his flour , tho words 'Cherry St . Mills" in one case , and ¦ Market St . Mills " in tho other , combined respectively with a wellknown Masonic emblem , the Square and Compass . These
combinations of words and symbols , it is strenuously maintained , embrace all the requisites , and como within none of tho negative exceptions or limitations of tho law defining a legal trade-mark . Applying tho comprehensive test laid down by tho Commissioner in ex parte Dawes and Tanning , Official Gazette , vol . 1 , p 27 , it is said that neither of the combinations claimed is tho name of a person , firm or occupation ,
or is calculated to deceive the public as to the true origin or character of tho article to which it is applied , or is generic or descriptive of quality ; and , finally , it is assorted thafc each when applied to the commodities for which it is adopted as a trade mark , will distinguish them from others of tho same class . Tho essouco of those alleged trade-marks is the Masonic symbol , the Square and Compass . It has
already been determined thafc the words alone do not possess tho characteristics of a legal trade-mark , and , in order to make it appear that the addition of tho Square and Compass do confer theso characteristics , it is also insisted that this Masonic symbol is not used with its ordinary signification . If this emblem were something other than precisely what ifc is , either less known , less significant , or
fully and universally understood , all this might readily bo admitted . But considering its peculiar character aud relation to tho public , an anomalous question is presented . Thore can bo no doubt thafc this device , so commonly used and employed by Masons , has an established mystic significance universally recognized as existing •whether comprehended by all or nofc , is not material to this issue . Considering
the antiquity , tho traditional origin , tho profound secresy , the magnitude aud extent , tho flourishing condition , and the permanent character of the Masonic organisation , I seriously question whether its emblems aro not to be regarded as its property , at least in such a sense , that no person can monopolize them as trade-mark devices . It is not proposed , however , to do more than raise tho query , without
entering upon the discusssion here . The ground for this decision lies in another direction , and to ray mind is obscured by no cloud of doubt . In view of the universality of Masonry—tho mystic tie that binds all nationalities in one common fraternity , —and tho unchangeable characteristics of emblems appealing with tho same force to the brotherhood in all parts of the earth , it is impossible to divest those
symbols , or at least this particular symbol , perhaps tho best known of all , of its ordinary signification whenever displayed , either as an arbitrary character or otherwise . It will bo universally understood or misunderstood as having a Masonic significance , and therefore as a trade-mark must constantly work deception . Nothing could be moro mischievous than to create as a monopoly , aud uphold by the
power of law , anything so calculated , as applied to purposes of trade , to bo misinterpreted , to mislead all classes , and to constantly foster suggestions of mystery iu affairs of business . There was a time when the cross and crescent , and tlie red and white roses of the houses of York and Lancaster , possessed as symbols such a significance , and occupied such a place in the public mind , in portions of tho old world , as would afibefc common affairs , aud could not properly be
disregarded under whatever circumstances they should appear . If thoy were now held in the same estimation iu this country , who imagines that they could bo divested of tho general significance so that they could successfully be adopted to constitute trade-marks , and be displayed before the public in that capacity ? The case of these Masonic symbols is *' n some respects different , to be sure , yet it js in important particulars similar , and the same objections lie to
Masonic Trade-Marks
their uso in tho manner proposed . I am clearly of opinion , therefore , that tho proposed combinations cannot properly subserve tho ends of a trade-mark . Among Masons , with whom this token has a moral significance , its uso in that capacity would undoubtedly be regarded as a base prostitution of : ifc to mercenary purposes , whilo with others
its mystic force would oftou dissipate itsvirtues as a trade-mark , and perhaps in somo instances place tho article it appeared upon under a ban . Thus , if these trade-marks could be sanctioned , they wonld tend to defeat tho fundamental object of tho trade-mark law , which is an offshoot of tho ancient " law-merchant , " and liko them designed to advance trade and manufactures . "
We cannot too highly commend the perusal of theso sensible opinions , and trust that the lessons which they teach will not bo lost with those members of tho fraternity who think it not improper to make public exposition of Masonio jewelry to the end and purpose that thrift may follow .
Masonc Refreshment.
MASONC REFRESHMENT .
FROM THE "VOICE OP MASONRY . "
FREQU ENTLY , 1 think , sufficient attention is nofc paid to what is facetiously termed " The Knife and Pork Degree . " It is all very well to say Lodges can't afford refreshment every evening thafc they convene ; but this , I fancy , ia a mero excuse . No Lodge is so poor that ifc cannot extend slight hospitality to tho brother or brethren visiting ifc . In so doing , tho warmth of hospitality thaws tho otherwise formal reception , which , in so many instances , is frigid to the
visitor . Ifc makes him feel at home , and this shonld be ono of the great objects of our Fraternity . How cold has been the reception we have too frequently seen ex . tended to the visiting brother ! He has come , perchance , from a distant land ; has proved himself a Mason , is formally introduced , as formally welcomed , and told to take a seat amongst tho brethren . No one speaks to him ; ho sees the work ; tho lodge is closed , and he is
loft to find his way back alone to his hotel . What does the foreign brother think of his welcome in a strange land ? Has ho found a home amongst his brethren as he anticipated , or is he to all intents and purposes a sojourner in an unknown land ? Surely , he has left that Lodge with feelings very akin to disgust , and , in all probability , has formed an unfavourable impression of the Institution that he onco loved so well .
On tho other li'md , how different ifc is if , on sending in his card , a committee of gentlemen wait upon him , and by their polite and courteous manner prove to him tho welcome he will receive if ho proves to these followers of Hiram that ho is a true Son of Light . These brethren are too well versed in Masonry universal to endeavour to puzzle him , as I have seen many do , with catch questions and Ma .
sonic conundrums , but rather dwell upon tho cardinal principles and grand landmarks that characterize Freemasonry in every land , and nofc upon the peculiar verbiage of their own Grand Lodgo Jurisdiction . In so doing , examiners and examined alike glean information , and afc tho close of the examination the brethren cordially welcome the visi . tor , and , after formally introducing him to the AVorshipful Master ,
take the first opportunity of making him acquainted with the brethren individually . The Junior Warden , after a time , calls from labour to refreshment , and then around tho social board the charms of free intercourse , the pleasant sallies of wit and fun , the free interchange of thought , tho hearty toast of welcome , the song , the whole-souled words of
cordiality , tho jokes and laughter , and the genuineness of the warmth of greeting , make him feel himself something more than a welcome guest , in truth and reality—at home . The hour of refreshment is over , and again labour is resumed . Ho finds himself doubly interested in tho proceedings ; ho knows many of the brethren by name , several have invited him to visit their houses , whilst others have promised to call upon him in the morning and five
him either advice or assistance , if he proposes to settle amongst them , or if not , to render his sojourn amongst them pleasant and agreeable . The Lodge is closed , and , with a hearty shake of the hand all round , ancl mutual expressions of good-will , the brethren separate , and he leaves them , after a pleasant walk to his hotel with somo of them , with an innate feeling that he has fallen amongst brethren who truly appreciate tho tenets of the Fraternity as exemplified by brotherly love .
Now , how easily all this has been accomplished . Ifc is nofc necessary that the festive board should groan , as our porters say , beneath tho weight of costly viands , cut-glass , and massive silver . Tho simple cracker and cheese , a few strawberries , or fruit in season , and a cup of chocolate , coffee , or cocoa , suffice as well aa snmptnons dishes and expensive wines . It is the social welcome thafc the visitor desires ,
and it is not only tho visitor thafc enjoys " tho good things" and " tho kindly words" that necessarily fly to and fro during the hour of refreshment ; but afc this season brethren are drawn closer together ; and if unfortunately there havo been little differences , bickerings , or jealousies amongst a few . individual members , they are apt to bo forgotten when all is joy and happiness around them . By all means , then , brethren , do not neglect " the Knife aud Fork
Degree , " andsnmetimes improve upon ifc by initiating your fair relatives into its mysteries , by teaching thom its charming symbolism in tho refreshment-room amidst the songs of birds , the bloom and perfnmo of flowers , and the notes , if possible , of instrumental and vocal music . Do this , brethren , and Mrs . Caudle ' s lectures after Lodge hours will nofc be so apt to disturb your peace of mind upon returning home from the Lodge .
West Middlesex Lodge of Instruction , Wo . 1812 . — At the meeting held on the 4 th instant , Bro . H . E . Tucker was nnanimously elected Treasurer and Preceptor for tho ensuing year .