3/09/32 H. B. Harrell's letter to EC:
H. B. Harrell, Jr.
ATTORNEY-AT-LAW
WELDON, N.C.
Mr. Edgar Cayce
Virginia Beach, Va.
Dear Mr. Cayce:-
I have your letter, and regret that I have not written Mr.
O'Brien before, but have been running around trying to attend
to so many things that I have gotten rather confused I am
afraid. However, I have written Mr. O'Brien today, and have
asked for an immediate reply. I am also enclosing one of his
Trademark Questionnaires [see Par. R8, below] which I have
been able to locate in my files. I put my name at the bottom
as local attorney because I can save you one-third of all the
fees or thereabouts in connection with getting the trade mark
established. This is the usual division which a forwarding
attorney received, and, of course, I shall make no charge for
my part of it.
I was somewhat surprised to find that you had actually moved
though you hinted at making some changes in your last letter
to Mrs. Harrell. As you say, I hope that your move is for
the best. I have a very earnest desire to have a hand in
helping to bring you into your own, but the question with
me is How can this be accomplished?
I might have known that something was taking place at your
house, as I have dreamed about your people for the past three
nights up to but not including last night, but I did not see
you near the sea. Heretofore, when I have dreamed about any
of you, and I have several times, I have always seen the sea.
Yes, Mrs. Harrell is much better than she has been at any
similar period for some years, and I believe that she is
nearing the end of her illness.
Both of us will be much pleased to have a copy on the Lost
Continent of Atlantis Lecture. I am really more interested
in psychology, philosophy and ethics than in practicing law,
though I am getting in some good business now which should
mature later and bring in good fees, - if and when it does.
I took another Civil Service examination in Raleigh on
December 1st. for Attorney for the Veterans Bureau, and I
am advised that I now stand sixth from the top of the list
of eligibles for Attorney, and second from the top of the
eligible list for Associate Attorney.
I have also recently been to see Mr. Lawrence and Mr.
Springs, who were with me at your house on January 16th.,
with regard to further plans for the creosoting plant which
we discussed with Mr. Kahn while there. No definite plans
have as yet been made, but the creosoting business is by
far the best business to be in at the present time, and the
prospects of its holding up appear excellent for the next
thirty years until all replacements needed will be made with
creosoted timbers. Then the business has its humanitarian
side as it helps conserve our forests, so that there would
not be nearly so much timber cut in the future, and by this
means conserves life on the earth.
I suppose I had better close now as I have gossiped enough.
I will let you hear form me just as soon as I hear from Mr.
O'Brien.
With very kind regards and best wishes for all of you, and
hoping to see you soon, I am,
Yours very truly, [signed] Bascomb Harrell
Clarence A. O'Brien's Trademark Questionnaire, enclosed with
Mr. Harrell's letter [Par. R7, above]:
Clarence A. O'Brien
Washington, D.C.
TRADEMARK QUESTIONNAIRE
1. What is the nature of the mark to be registered?
(A. A word or words? "Word"
(B. A picture, design or emblem?
(C. A combination of words and picture?
2. Describe, print, or attach the mark here
3. What special meaning, impression, or significance does the
mark have? "Name for remedy"
4. On what classes of goods or merchandise is mark used?
(List specific articles by commercial names) "It will be
on a pyorrhea remedy."
NOTICE: Answer only ONE of questions Nos. 5 - 6 - 7 & 8
5. Is the owner of the mark an INDIVIDUAL? "Yes"
(A. An INDIVIDUAL operating under his own name? "Yes"
(B. An individual operating under an ASSUMED name?
What name? "Edgar Cayce"
6. Is the owner a CO-PARNERSHIP?
(A. If so, what is the partnership name?
(B. Who are the partners? (Give full names)
7. If owner is a company operating as a FIRM give the Company
name
(A. Names of Members?
8. If owner is a CORPORATION,
(A. Give corporate name
(B. Under which State Law is it incorporated?
(C. Name and title of Officer who will sign application
papers
9. Give Citizenship here "American"
10. Is the mark in use now? "No"
(A. Give the earliest possible first date of use of the mark
"Within next 60 days."
11. How is the mark applied to the goods or containers for
the goods? (This may be by way of printed labels, tags,
wrappers, stencil, embossing, engraving, stamping,
etching, etc.) "Pasted on container."
12. Give here the particular street business address, if any
"Virginia Beach, Virginia."
Name of local attorney H. B. Harrell, Jr., Weldon, N.C.
3/12/32 Clarence O'Brien's letter to Mr. Harrell:
LAW OFFICES
CLARENCE A. O'BRIEN
REGISTERED PATENT ATTORNEY
PATENTS AND TRADE MARKS EXCLUSIVELY
ADAMS BUILDING
Entire Sixth Floor, 1333 F St., N.W.
WASHINGTON, D.C.
Mr. H. B. Harrell, Jr.,
Attorney at Law,
Weldon, N.C.
Dear Mr. Harrell:
Answering your letter of March 9, I would state that patents
are sometimes granted to cover compounds and preparations
such as include original discoveries. Hence I would say that
the case at bar comes within the limits or category of the
United States Patent Laws.
From experience, the consensus of opinion here is that
worthwhile patents are rarely granted in this line of
endeavor. Even so, we find that many clients desire to file
the application irrespective of the outcome in order to test
the question of patentability.
Sometimes the filing takes place without making a search
through the prior records. Under other circumstances, the
client insists on making a cursory search first to see if
the same idea or a similar discovery has been previously
patented. Personally, I believe that this is the better plan
to follow; that is, to make a cursory search for a nominal
charge of $15.00. If you desire this service, let me
have an exacting disclosure, setting down the ingredients,
the relative proportions, and explaining the method of
compounding, the chemical reaction, if any, features and
advantages, etc.
There is one thing that filing accomplishes, and that is, it
give the applicant the opportunity to use on his labels and
other paraphernalia, the Official notation or legend "Patent
Applied For". This has the desired official significance and
reaction in the trade, and apparently carries considerable
commercial appeal.
Some manufacturers rightly contend that the most practical
way to handle a proposition of this kind is to merely market
under a secret formula, provided that State laws are not
violated. In accomplishing this, it is always wise, in any
instance to adopt a trade-mark to distinguish the product in
trade, and to register the trade-mark in the United States
Patent Office. Write me promptly instructing me which
course you have decided to follow.
Cordially yours, [signed] Clarence A. O'Brien [JHL:CB]
3/12/32 Clarence O'Brien's letter to Mr. Harrell:
LAW OFFICES
CLARENCE A. O'BRIEN
REGISTERED PATENT ATTORNEY
PATENTS AND TRADE MARKS EXCLUSIVELY
ADAMS BUILDING
Entire Sixth Floor, 1333 F St., N.W.
WASHINGTON, D.C.
Mr. H. B. Harrell, Jr.,
Attorney at Law,
Weldon, N.C.
Dear Mr. Harrell:
In accordance with the divisional fee basis of this office,
you are entitled to one-third of all investigation and
attorneys fees submitted.
You will find this divisional fee basis fully set forth in
the accompanying booklet, for your confidential information.
Cordially yours, [signed] Clarence A. O'Brien [JHL:CB]
3/12/32 EC's letter to Mr. Harrell:
My dear Mr. Harrell:-
I have just received yours of the 9th, enclosing the
Questionnaire regarding Trademark, which I am filling out - I
hope - in proper shape. Certainly appreciate your attending
to this. Let me know about the necessary fees, as to
whether I have to have a drawing made for the establishing
of this name as a trademark, etc. I do not believe this is
necessary, though it may be.
We are gradually getting straightened out in our new
quarters. We are finding some things more satisfactory,
and others not so convenient. It will at least give us more
privacy, and we hope make those who come for readings feel
that we are endeavoring to give them the very best possible.
I am indeed glad that Mrs. Harrell is so much improved. I
sincerely believe she will continue to do so. I trust that
in the not so far distant future you will be able to make us
a visit again. Know that we are always glad and anxious to
see you all. Trust that you will let us hear from you.
I hope your examinations are more satisfactory and that you
will soon obtain the appointment, if that is what you most
desire.
We haven't as yet completed the data on Atlantis, as there
are many questions that naturally arose which we are hoping
to clarify, so as to make the information more interesting.
I haven't heard anything more from Mr. Kahn regarding the
creosoting proposition. I know he has been quite busy
recently, as there have been many changes in his associations
and connections that have brought both satisfactory and very
disturbing factors in this experience. I certainly hope
he may be able to work out something satisfactory to all
concerned.
Again thanking you, and hoping that we may see you very soon
- with love to you both, I am
Sincerely, [EC:GD]
3/16/32 H. B. Harrell's letter to EC:
H. B. Harrell, Jr.
ATTORNEY-AT-LAW
WELDON, N.C.
Mr. Edgar Cayce
Virginia Beach, Va.
Dear Mr. Cayce:-
Replying to yours of some time ago, I am herewith enclosing
two letters from Clarence A. O'Brien to myself together with
his trade mark folder.
His first requirement is a $15.00 fee for a search of the
records to discover whether your trade mark and remedy are
capable of registration without infringement. However, in
your case make your check only $10.00, and make it payable
to Clarence A. O'Brien.
He gives the following tabulation of cost for registration:
Preliminary Investigation & Report $15.00 (divisible)
U.S. Government fee $15.00 (indivisible)
Cost of Official Drawing 5.00 (indivisible)
Attorney's fee 50.00 (divisible)
Total $85.00
Less deductions to you 21.65 on divisible fees.
Net fees to you $63.35
I am also returning your trade mark questionnaire in case you
should change your mind and wish to patent your formula as
well as register your trade mark.
I trust that all of you are well. Mr. Harrell is doing very
well under the circumstances.
With love and kindest regards from both of us to all of you,
I am,
Sincerely, [signed] Bascomb Harrell
4/20/32 See
1800-18, next reading on Ipsab.



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