Collins & Aikman Corp. v. Mills

The principal issue involved in this appeal from the decision of thei Commissioner of Patents is whether or not appellant’s alleged trade-mark “BREATHING BACK” which it seeks to register for use for pile fabrics in the piece consists “merely in words or. devices which are descriptive of the goods with which they are used, or of the character or guality of such goods” within the meaning of the trademark act of February 20, 1905, as amended. [Italics ours.]

The application of the Collins & Aikman Corporation, appellant (hereinafter styled applicant), filed October 18, 1935, discloses the mark…