Case Information
*1 Gerald C . Mann
Secretary of State Austin, Texas Att ‘n: Claude A. Williams
opinion No. o-1583 Be: Did the Secretary of State’s Dear Sir: Department err in refusing
Mr. Wallace’s application for the registrations of the names “Texas HourI and What Texas Makes Makes Texas”?
We are in receipt of your request asking for an opinion on’whether or not the Secretary of State erred in refusing to file application fpr registration of the names “Texas Hour” and “What Texas Ma&es Makes Texas” for a radio program in accordance with Artioles 843 to 851, Revised Civil Statutes, 1925.
.Accompanying your letter of request is a copy of the “application for registration of trade mark, label de- of F. S. Wallace properly executed and acknow- sign, etc.,” ledged.
It reads in part:
“Be it known that F. S. Wallace of 3418 Morrow Avenue, Waco, Te as,
adopted and used a cert in form of advertis- ing and/or name and slo ii! an and herewith files the same for record in the office the Secretary of the State of Texas in Article 843 to 851, inc., R *CBS “1’9:5. ‘1
vided “The purpose for which this label design, etc., or class of merchandise on which the same has been and is to be used is designation of and use on - during and signature of a radio program, promoting development of Texas natural resources and industries.”
Article 851, Revised Civil Statutes of Texas which is the statute under which the name and slogan “Texas B our” and “What Texas makes, makes Texas”, are sought to be regis- tered, provides in part:
Secretary of State, page 2 (O-1583)
‘Every person, association or union of work- ingmen, incorporated or unincorporated that or shall hereafter adop e a labels, trade mark, design device, imprint or form of advertisement ) sha 1 file i the same in the office of the Secretary of State by leaving two facsim- ile copies, with the Secretary of State, and said Secretary shall return to such person, association the same one of the said fac- or union so filing simile copies along with ani attached to a duly attested certificate of the filing of same, for which he shall receive a fee of one dollar. ***‘I
Broad as the statute is in respect to “a label, trade mark design, device, imprint or form of advertise- ment,” stifl as to which words or phrases may be appropri- ated and registered the case law of the state has formu- lated certain definite rules of guidance.
Geographical names are not subject to appropria- tion as trade marks or trade names, according to the deci- sions of this state.
WALDE ROCK ASPHALT CO. v. CHAPIN-COLGLAZIER CONST. CO. s (Civ.App.) 299 S.W. 710, error refused;
WINTER GARDEN DISTRICT CHMER OF COWMERCE v. WINTER GARDEN FAIR (Civ.App,.) 299 S.W. 5l2, error dismissed. .
Words or phrases in common use are common property of the people 9 and are not subject to exclusive appropriation and usey.
ALFF v. RADAM 77 TEX. 530 $0 14 Sow. 164; RADAR v. CAPfiAL MICROBE D&STRO&R CO,, 81 Tex. 122 16 sew. yyog
DIK&G CORPORATION v. PIG STAND COO, (Civ. A p.) 31 S.W, (2d) 325$ certiorari denied, 2 3 U.S. 831, 51 SupXt. 364, 75 L.Ed. 1443. f;
The word “Texas” is the peer of all geographical names in this State, and the phrase “What Texas Makes, Makes Texas”~ has in the prooess of time become a state-wide slogan, ‘familiar to the people of the Lone Star State and universal in its application to’the products of the state and their de- velopment in trade, commerce and industry*
The principles of law above enunciated apply most forcefully for exclusive user. to these words and their attempted appropriation
Secretary of State, page 3 (O-1583)
Furthermore, it is with unmitigated apprehe~nsion that we view any monopolization or private exploitation words which are the common heritage of the people and which are too symbolical of patriotism and the social and economic As a matter of weal of the state to be used commercially. public policy, the words "Texas'@ and What Texas Makes, Rakes Texas" must not be brought within the category of trade names or "form of advertisement".
It is our opinion that the words *3Texas~'Hour'4 and What Texas Makes, Rakes Texas" may not be legally regis- tered as the name and slogan of a radio program'under Articles 843 and 851 inc. Revised Civil Statutes, 1925, and that the Secretary oh Stat: is not obliged such name and slogan all.. qzwuP&% a. m.r~~Lka.+~ f22. afLwcWr‘A uL+-JL WIP- qJY-l~L%Lwls of Article 851, Revised Civil Statutes, 1925.
Trusting that we have fully answered your inquiry, we are
Yours very truly ATTORNEY GEXERAL OF TEXAS By /s/ Dick Stout Dick Stout, Assistant APPROVED NOV 20, 1939
/s/ Gerald C. Mann
ATTORNEY GENERAL OF TEXAS
APPROVED: OPINION COMMITTEE BWB, CHAIRMAN
BY:
DS:obswb