Chemical Trade-Marks HARRY BENNETT and M. A. GREENFIELD Cheminform
Institute,
Coliseum
Tower, New York 19, Ν. Y .
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In searching for the composition, manufacturer, or use of a trade-marked chemical, books, di rectories, trade papers, and available lists are consulted.
Service
organizations
make
legal
searches of trade-mark availability and one or ganization also performs technical searches for the composition and use of chemical and allied trade-marks.
Lists of trade-mark
applications
filed but not yet acted upon are also available. An
extensive
listing
of
reference sources
for
trade-mark information and a classified break -down are presented.
^lanufacturers' names and trade-marks have been used for hundreds of years on all kinds of products, although the modern system of trade-marks was i n troduced i n the U n i t e d States about 1865. Trade-marks are of value not only to the seller but also to the buyer, w h o , for example, can more easily remember P E G than polyoxyethylene monostearate. T h e seller of a trade-marked product finds it to his advantage to furnish a product of uniform and satisfactory quality; the buyer can depend upon getting uniform quality with each purchase. A trade-mark refers to the source of a commercial product usually designated by a coined or fanciful name, w h i c h is rarely its true designation. A trade name (often confused w i t h a trade-mark) is defined b y l a w as referring to the name of the firm or house that produces or sells the product. Thus, " G l y c o p o n " is a trade-mark covering a chemical product; " G l y c o Products C o . " is a trade name. The naming of a new product is not as simple as it may appear at first glance. T h e name must be unique i n the field i n w h i c h it is to be used. Because of the many thousands of names n o w registered, it is not too easy to find a name that is suitable for the product and yet does not bear too close a resemblance to a trade mark already i n use. Generally, a preliminary list of names is drawn u p and is then weeded out until only a very few names are left. E v e n these names, how ever, may have to be discarded because conscious or subconscious analogies are drawn from existing names. There are four general types of trade-marks: 1. T h e name of a company, its abbreviation, or modification. Goodrich, Esso. 172 SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.
Dowicide,
BENNETT AND GREENFIELD
Chemical Trade-Marks
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2. A synthetic or coined word or words indirectly descriptive. Duriron, Fiberglas. 3. Nondescriptive w o r d or words. A c m e , C r o w n , Supreme. 4. Synthetic nondescriptive words. Abopon, Daisite, G a m a l .
173 Acrawax,
U n d e r chemical trade-marks it is proper to consider not only chemicals but mixtures of chemicals, plastics, coatings, detergents, insecticides, textile specialties, pharmaceuticals, and diverse other chemical specialties used i n industry. W h i l e many trade-marks are registered i n the U . S. Patent Office and i n the patent offices of foreign countries, a good number are not registered. Those that are registered are listed i n the weekly issues of the Official Gazette of the United States Patent Office and in corresponding publications of foreign countries. Trade journals covering the various industries usually list trade-marks granted i n their fields. Thus Drug and Cosmetic Industry (a monthly) lists trade-marks granted during the previous month for cosmetics, drugs, perfumes, and soaps. M a n y journals and trade papers—Chemical and Engineering News, Chemical Industries, etc—have notes on new products, some of w h i c h are marketed under trade-marks. Some trade papers have an annual directory or yearbook in w h i c h are listed trade marks w i t h the name of the owner. In some cases the chemical composition is partially or fully disclosed. In starting a search for the composition, manufacturer, or use of a trade mark chemical or allied product, books, directories, trade papers, or lists on one's premises are used first. If these are not sufficient, recourse is made to the larger industrial, college, or public libraries. W h e n checking on the availability of a proposed trade-mark one must also check its phonetic analogs. A number of commercial service organizations per form searches for trade-mark availability. Lists of cosmetic trade-marks filed but not acted upon are available from the Toilet Goods Association, N e w York, Ν. Y . Often one tries to derive from the name a clue to the chemical composition, properties, or uses of a trade-mark chemical. Sometimes this is possible; more often it is not. A l d o (glyceryl monostearate) gives no true indication of its composition. Alacet (aluminum acetate) is somewhat descriptive. Bubene (butylbenzene) is somewhat less easy to figure out. Cadaloy (cadmium-mercury-zinc alloy) is indicative of a cadmium alloy, but gives no clue as to the other components. Caranol (sodium lorol sulfate) is not an alcohol, as the terminal " o l " w o u l d seem to indicate. Pyridose ( p y r i d y l mercuric acetate) is not a sugar, as the terminal "ose" w o u l d seem to indicate. The uses of trade-mark chemicals are frequently discernible. Hydratite indicates waterproofing. Mersize suggests a sizing compound. M o l d o l is a mold inhibitor. Opax is an opacifier for glass. Tanak is a tanning agent. Some trade-mark chemicals offer a clue to their progenitors. Gastex is made from natural gas. K e l g i n is made from kelp. Spermafol is made from sperm o i l . Tallex is made from tall o i l . SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.
174
ADVANCES
IN
CHEMISTRY
SERIES
Part of a company name in a trade-mark often identifies the manufacturer or seller.
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Cibanet, a product of C i b a C o . Dowicide, a product of D o w Chemical C o . Glycowax, a product of G l y c o Products C o . Hercolyn, a product of Hercules Powder C o . Santomerse, a product of Monsanto C h e m i c a l C o . M a n y individuals who wish to coin and search their own trade-marks use the following method. Recourse can be first made to a book such as "Trade M a r k s " (67) w h i c h gives an extensive list of chemical trade-marks, their compo sitions, uses, and suppliers, the entire U . S. and British trade-mark laws, methods of coining new trade-marks, and trade-marks classified by industries. Another excellent guide to the selection of new trade-marks is "Trade M a r k Management," published by the U . S . T r a d e - M a r k Association, N e w York, Ν. Y . In searching proposed trade-marks, the appended classified reference sources should be consulted and a search made of those sources listed under pertinent classifications. Because new trade-marks appear daily, auxiliary current sources must be used, such as the Official Gazette of the United States Patent Office, and new products notes i n relevant technical journals. Some of the publications in the appended reference sources are annual publications and each issue contains new listings. These are next examined. W h e n these courses do not provide the desired information, requests may be made of the librarians i n some of our larger industrial concerns, who keep running files of trade-mark chemicals. Foreign trade-marks are traced through the journals of the patent offices of the leading countries. Foreign directories, yearbooks, etc., as listed are also consulted. The above methods are at best temporary measures and before a new trade-mark is adopted by a company, it is extremely important to have it cleared by one or more of the commercial search services (16, 65, 68). Adoption of a trade-mark that has not been properly cleared can result in law suits and consequent ex pensive court settlements, loss of money already spent on advertising, labels, etc. F o r the convenience of the reader, the following list has been broken down into two parts. The first consists of proved sources of technical and legal listings of trade-marks; the second indicates specifically where to look for information in different fields. i . Technical and Legal Reference (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
Sources
American Association of Textile Chemists and Colorists, L o w e l l , Mass., " A n n u a l Yearbook." " A m e r i c a n D r u g Index." American Druggist, N e w York, Ν. Y . , " B l u e Book." Association of British C h e m i c a l Manufacturers, L o n d o n , E n g l a n d , "British Chemicals." "Austria C o d e x , " Österreichischer Apotheker-Verlag, V i e n n a , Austria. " B r i t i s h Plastics Yearbook," Iliffe & Sons, Ltd., L o n d o n , E n g l a n d . " C h e m i c a l Trade Names and Commercial Synonyms," W i l l i a m s Haynes, V a n Nostrand, N e w York. Chemical Week, "Buyers G u i d e , " M c G r a w - H i l l , N e w York. The Chemist and Druggist, L o n d o n , E n g l a n d , "Year Book." " C h e m i c a l Engineering C a t a l o g , " Reinhold, N e w York. " C h e m i c a l Formulary, H. Bennett, C h e m i c a l P u b . C o . , N e w York. " C h e m i c a l Industries Directory," Kelley's Directories, Ltd., L o n d o n , E n g l a n d . " C h e m i c a l Materials Catalog," Reinhold, N e w York. " C h e m i c a l Synonyms and Tradenames, G a r d n e r s , " V a n Nostrand, N e w York. SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.
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BENNETT AND GREENFIELD
Chemical Trade-Marks
175
(15) " C h e m i e L e x i c o n , " R o m p p , Germany. (16) Cheminorm Institute, 10 Columbus Circle, N e w York (service organization, technical and legal searching). (17) " C l i n i c a l Toxicology of Commercial Products" ( a n d supplements), W i l l i a m s & W i l k i n s , Baltimore, Md. (18) " C o l o u r Index," L o n d o n , E n g l a n d . (19) "Commercial Waxes," H. Bennett, Chemical P u b . C o . , N e w York. (20) "Concise C h e m i c a l and Technical Dictionary," H. Bennett, C h e m i c a l P u b . C o . , N e w York. (21) "Condensed Chemical Dictionary," Reinhold, N e w York. (22) "Diccionario Espanol de Especialidades Farmaceuticas" ( a n d supplements), San Sebastian, Spain. (23) "Dictionary of Color Names," National Bureau of Standards, Washington, D. C . (24) "Dictionary of Textiles," F a i r c h i l d P u b . Inc., N e w York. (25) D r u g Merchandising, Canada, " D r u g Index." (26) D r u g Topics, " R e d Book," Topics P u b . C o . , N e w York. (27) "Enciclopedia Annuaro de Materie Plastiche," Italy. (28) " E n c y c l o p e d i a of Chemical Technology," Kirk-Othmer, Interscience, N e w York. (29) T h e Engineer, L o n d o n , England, " B u y e r s G u i d e . " (30) " E n t o m a Directory of Insect and Plant Pest C o n t r o l . " (31) "Firmenhandbuch Chemische Industrie," Econ-Verlag, Düsseldorf, Germany. (32) "Frasers Canadian Textile, A p p a r e l and F u r Trade Directory." (33) "Gehes C o d e x " (and supplements), Schwarzeck-Verlag, M u n i c h , Germany. (34) "Handbook of Chemistry," N. A. Lange, ed., Handbook P u b . , Inc., Sandusky, Ohio. (35) "Handbook of Chemistry & Physics," Chemical Rubber P u b . C o . , Cleveland, Ohio. (36) "Handbook of Material Trade Names" (and supplements), Zimmerman & Levine, Industrial Research Service, Inc., Dover, Ν. H. (37) International Encyclopedia of Cosmetic Trade Names," de Navarre, M o o r e P u b . C o . , N e w York. (38) Iron Age, N e w York, "Directory of T o o l , D i e Steels and Sintered Carbides." (39) " L e Livre Blanc," Editions H e n r i Perrier, Paris, France. (40) " M a n u a l de Especialidades Médicinales," Buenos Aires, Argentina. (41) "Materials Handbook," Brady, M c G r a w - H i l l , N e w York. (42) " M e r c k Index," 7th ed., Merck & C o . , Inc., Rahway, N. J . (43) " M e t a l Industries Catalog," Reinhold, N e w York. (44) " M i n e r v a M e d i c a , " Specialità Farmaceutiche, T u r i n , Italy. (45) " M o d e r n D r u g Encyclopedia and Therapeutic Index," Gutman. (46) M o d e r n Plastics, N e w York, " E n c y c l o p e d i a Issue." (47) National F i r e Protection Association, Boston, Mass., " F l a s h Point Index of Trade N a m e L i q u i d s . " (48) National Paint, Varnish & Lacquer Association, Washington, D. C . , "Trade M a r k Directory." (49) " N e w and Nonofficial D r u g s . " (50) "Pesticide Handbook," D. Ε . H. Frear, State College, P a . (51) "Phvsicians' Desk Reference to Pharmaceutical Specialties and Biologicals," M e d i c a l Economics, Inc.. Oradell, N. J. (52) Pharmaceutical Manufacturers Association, Washington, D. C . , " B u l l e t i n . " (53) "Plastics Year Book," Plastics Press, L t d . , L o n d o n , E n g l a n d . (54) "Practical Emulsions (Surface Active A g e n t s ) , " H. Bennett, Chemical P u b . C o . , N e w York. (55) Proprietary Association, Washington. D. C . , " B u l l e t i n . " (56) "Register of Brand Names and Trade Marks of the Thread Industry." (57) "Répertoire Alphabétique des Marques Internationales," M e t z and Geiger, Zurich, Switzerland. (58) " R u b b e r Index," Rubber Age, L o n d o n , E n g l a n d . (59) " R u b b e r R e d Book," Rubber Age, N e w York. (60) " R u b b e r Trade Directorv of Great B r i t a i n . " (61) "Surface Coating Resin Index," T h e British Plastics Federation, E n g l a n d . SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.
176 (62) (63) (64) (65) (66) (67) (68)
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(69) (70) (71)
ADVANCES IN CHEMISTRY SERIES
"Swiss C h e m i c a l Industry," Ver. Wirtschaftsliteratur, Zurich, Switzerland. "Synthetic Detergents," M c C u t c h e o n . "Thomas Register of American Manufacturers," V o l . 4, N e w York. Thomson and Thomson, 80 Federal St., Boston 10, Mass. (service organiza tion, legal searching). Toilet Goods Association, "Trade M a r k R e c o r d , " Beauty Fashion, D r u g a n d Cosmetic Industry, N e w York. "Trade M a r k s , " H. Bennett, Chemical P u b . C o . , N e w York. Trade M a r k Service C o r p . , 233 Broadway, N e w York (service organization, legal searching). U n i t e d States Dispensatory, Osol-Farrar, Lippincott, Philadelphia, P a . "Veterinary D r u g Encyclopedia & Therapeutic Index," D r u g P u b . Inc., N e w York. " W o r l d Chemical Directory," Atlas P u b . C o . , N e w York.
II. Classified Reference
Sources
Agricultural specialties Alloys Ceramics, technical Chemicals Coatings Coining trade-marks ( commercial services ) Construction and refractory materials Cosmetics Detergents Dyes and pigments Legal only, all fields Legal searching ( commercial services ) Lubricants, oils, fuels Miscellaneous Pharmaceuticals Plastics Rubber and rubber chemicals Service organizations ( commercial ) Technical searching ( commercial services ) Textiles and textile specialties Waxes
(27,28, 30,36,50,64) (28, 34, 36, 38, 43, 64) (10,12,13,28,34, 36,64) (4, 7, 8,10,12,14,15, 20,21, 28, 31, 34-36, 62, 64, 71) (17,28, 36,48, 61,64) (16) (13, 28, 29,36, 41, 64) (3, 9,17, 25,26, 37, 52, 55, 64, 66) (1,17, 28, 36, 48, 54, 63, 64, 66) (1, 18, 23, 28, 34, 35, 48, 64) (57) (16, 65, 68) (17,28, 36,48,64) (4, 7, 8,10-12,14,15,17, 20, 21, 28, 29, 31, 34-36, 41, 47, 54, 62, 64, 67, 71) (2, 3, 5, 9, 17, 22, 25, 26, 33, 39, 40, 42, 44, 45, 49, 51, 52, 64, 65, 69) (6, 27, 28, 46, 53, 64) (28, 34, 58-60, 64) (16, 65, 68) (1, 24, 28, 32, 54, 56, 64) (16) (17,19,28, 48,64)
BASED on paper presented before Division of Chemical Literature, Symposium on Searching the Chemical Literature, 117th Meeting, A C S , Detroit, Mich., April 1950. Revised 1960.
SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.
