Legal Opinion

In Re Keller, Heumann & Thompson Co.

Court of Customs and Patent Appeals

Decided January 27, 1936No. Patent Appeal 3570PublishedCited by 16 opinions

1Opinion of the Court

LENROOT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents, affirming a decision of the Examiner, denying appellant’s application for registration of the mark “Timely” as a trade-mark for men’s suits, topcoats, and overcoats, made from cloth or woolen fabrics.

The basis of the rejection of appellant’s application, by both of the Patent Office tribunals, is registration No. 291,742, issued February 23, 1932 to F. M. Hoyt Shoe Corporation, said registration being for the mark “Timely” as a trade-mark for “Boots and Shoes made wholly or in part of leather, fabrics,…

2Cases cited3 opinions

  1. B. F. Goodrich Co. v. HockmeyerCourt of Customs and Patent Appeals · 1930
  2. Decker & Cohn, Inc. v. S. Liebovitz Sons, Inc.Court of Customs and Patent Appeals · 1930
  3. I. E. Palmer Co. v. Nashua Mfg. Co.Court of Customs and Patent Appeals · 1929

3Cited by16 opinions

  1. Avon Shoe Co., Inc., and Haymaker Shoe Corp. v. David Crystal, Inc., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John WanamakerCourt of Appeals for the Second Circuit · 1960
  2. Philco Corporation v. Phillips Mfg. Co.Court of Appeals for the Seventh Circuit · 1943
  3. General Shoe Corporation v. Lerner Bros. Mfg. Co., Inc.Court of Customs and Patent Appeals · 1958
  4. Application of Laskin Bros.Court of Customs and Patent Appeals · 1944
  5. General Shoe Corporation v. Hollywood-Maxwell CoCourt of Customs and Patent Appeals · 1960

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