Application of Hillerich & Bradsby Co

COLE, Judge.

Placing reliance upon the provisions of section 2(f) of the Trade Mark Act of 1946, 15 U.S.C.A. § 1052, 1 the appellant sought trade mark registration (on the Principal Register) of a geometrical configuration, an oval line, for use on baseball, softball, and miniature bats.

In proceedings before 'the Patent Office, the applicant established that it is the largest manufacturer-distributor of bats in the United States, furnishing approximately 95% of all major league bats and more than 90%, of. all organized baseball bats, and furthermore, that its largest competitor is relatively…