S-2
No. 1
COMMERCIAL PRINTS AND LABELS
I.
Commercial prints and labels must contain copyrightable literary or artistic matter to be registrable. [May 1952]
II.
Prints and labels which may also be trade-marks.
The Office will make no investigation to determine whether the copyrightable matter in a print or label may also be or becane a trade-mark. A print or label containing copyrightable literary or artistic matter may be registered, under the rule of doubt, even though the copyrightable matter may also be or become a trade-mark.
The Office will make no investigation to determine whether the copyrightable matter in a print or label may also be or becane a trade-mark. A print or label containing copyrightable literary or artistic matter may be registered, under the rule of doubt, even though the copyrightable matter may also be or become a trade-mark.
One of the requirements for trade-mark registration is that the trade-mark must have been used before its registration. Hence, where the deposit copies of a print or label bear a notice of trade-mark registration which indicates that the registered trade-mark includes all the copyrightable matter, the Office will question whether the depos1t copies are copies of the work is first published. In such eases, in order to determine whether the copies first published bore a copyright notice, we will ask the applicant to submit copies of the work as first published.
The deposit copies need not be questioned where the notice of trade-mark registration indicates that the registered trade-mark includes only a part of the copyrightable matter. [March 1953]
