OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Ronorable Claude Isbsll
Assistant Seoretary of State
Aua t in, Texas
Dear Art
We have your letto
opinion of thlz department an Suoh letter
0DlittiAg the fon!lal pa
Sibley, Trout-
map E Brook oel the trade
mz4c filed i he K&e Company whloh
Along with this
toetatio oopg of
ted States 31striot
lzom rhioh is oertiiled
ting these doounents to you for
and would ask that you please
whether or not Fn your oplnian
notfoe tar the 3eoretsry or State
requested In Art. 851a of the
tee or t@81c55,
n
. l . .-
The properly oertified oopy of the decree of the Utito4
Statea 3lstrlot Court for the Ciatrlot of Arizona enoloaed wltb
your letter is &ted June lJ+, 192l.. PTeAote the deoree ~55 entered
82.8
Honoleble Olaude Isball, Page 2
to oonrorn~ with the deofslon of the Supme Court of the
United States in the oaaa oi Tha Oooa ‘Oola Oonpa~y fa. Koko
Coarpany or Amrloa, 65 L, Kd. 189, 254 U. S. l43, sod that
tha dorendants napled In suoh deoreo are as ltollowrt The
Koke Company. of dmerloa, The Southen, Koke Company, Ltd.,
The Koka Company of Texas, The Koke Company of Oklahcdna,
and The Koke Company of Arkansas. The deoree perpetually
enJoins and restrains euoh defendants, their otiioars, sar-
tant8, agents, employeea, attorney*, lioensees, transfereea
aad ass&m and all aotlng by or under their authority from
usdng or mploying in oonneotion with the zmnufaoture, ad-
vertlsament, offering ror sale or sale ot any pmduot not -
being a genuine produot of the PlaIAtIff the word “CoOa Cola”
or any like word or tha word %okeW or any like word and from
OlaFming 4r asserting any right in the name %oke” or inter-
raring er thraatenning any proseoutlon or interfereA with
ths uaa thereof and from using or axmloying or authori&@
the Ase or employment of labels designs or devlaes Mentl-
oal with or like the labels, de&As or derloes of the plain-
tiff or the labels, designs or derioee used by the defeAtbAt
and referred to IA the bill of oomplaint lo auqh suit.
71e also hare your sqpplsniental letter stating In
effsot that you are unable to determine the eraot name of the
registrant or the trade mark “Koko” aAd. enolosing ths lpplI-
oation for t&e reglstratlon of the ,fraUe mark dated Septem-
ber 16, 1910, and the oertlfloate of the Searotary of State
an to suoh filing rhloh oertiflaate Is dated September 19,
1910.
Wo note that the applloant Is rarloualy referred
to in the lpplioatlon as “The Koke Compenr, Ltd.’ and as
%oke Compenyw end aesoke Company, Ltd.“. The oertlfloate
or the Seoretary or State refer8 to the regletrant ae qoke
Company, Shreveport, LoulaIcma*.
You will note that none oi these name8 15 the aame
as the name oi any of the defendants a8 set out iA the above
mentioned deoree.
Artlole 851-A of the Revieed 0lrl.l Statutes of
Texas reads as followa:
mXhenever It Is brought to the 6tta5tIOA of
or becomes known to, the Seoretary or State that
any label, trade-mark, design, device, lmprixit or
I
f
Honorable Claude Isbell, Fag6 3
form of advertisement heretofors or hereafter filed
with the offjoe or the Seoretsry 0s State pursuant
to the pru~lsloru 0s Artlole 651 of the Revised
Civil Statutes of Terse of 1925, by ,any person,
Assoalatlon, or.-. Unioa 0s_ warklng
_ - men,.lnoorponrted
.
or unmoorporatea, nas Dew am3naoued or the use
thereof ha5 been dlsooAtlnued for more than three
years, it Bhall be the duty of the Ssoretary of
State to oanael and annul suoh tl:l~g and withdraw
the same rr0lpraglstratloA, after rim giVlAg to
the registrant, or anp asalgnee of reoord thirty
days* notloe of the intention so to do, whloh notloe
shall be by registered United State5 mall addressed
to the last knorm addrese of tha person, Assooia-
tlon or UAlon of working mm, lmorporated or AA-
incorporated, filing the came or any aaelgnes
thereor. R
You will aota that the Ssaretary of State 15 au-
thorlzed to issue notloe to the registrant of intention to
oanoel and awful the riling when it la brought to his atten-
tion or beoamee known to hLm that the trade mark has been
abandormd or ths use thereof ha5 been dieoontiaued So% more
+an three year6. The letter iron oounasl for th5 Cooa Cola
Company does not state that the trade mark has been aban-
doned or that ths use ha5 been dlsooatinued r0.r more than
three yeara, Than, is no erldenoe identlfylng the Texas
rsgiatrant as oAe az&the 5aze sorporatlon a8 any OS the de-
fendants named in the Federal Oourt deoree and them is no
,aldenos to show what OoAAeotloA, 1s any, the ,mglstrrnt ha5
with eush driendmts.
It is our OPIAIOA, therefore, that nothing IA the
papers submitted to us 15 aattlolent to bring to the Seorstary
0r Stats'5 attentton or make known to him the iraot, if lt
exlate, that t& trade mark aKoksa ha5 been abandoned or that
the use thereof has been discontinued for more than three
years. You are respeotiully advieed that these papers IA
our opinion would not ,authorlze t&e Saoretary 0s State to ls-
sua Aotloe of intention to oenoal as set out in Artlola 851-A
of the Revised 01~11 Statutes or Texas.
Honorable Claude Isbell, Page 4
We trust that the above is a sufflolent answer to
your qUB5tiOA.All papers and instrumsnta sent Us in this
aomeotionare r&urned herewith.
Yourr very truly
AT!RMNWOENEF?ALOFTXMS,
Domld Gav
Asrrletanii