In re Sears, Roebuck & Co.

court: This is an appeal from the decision of the Commissioner of Patents, speaking through the First Assistant Commissioner, affirming that of the Examiner of Trade-Marks denying appellant’s application, filed under the Trade-Mark Act of February 20, 1905, -for the registration of a mark for use on shoes. The mark may be briefly described as consisting of a fanciful representation of a man’s bust, under which are written, in the style and' size of handwriting similar to that used in the closing of a letter, the words “Thriftily yours Bob Burnham.”

The tribunals of the Patent Office did not…