Legal Opinion
Application of Esso Standard Oil Company
Court of Customs and Patent Appeals
Decided August 2, 1962No. Patent Appeal 6771PublishedCited by 4 opinions
1Opinion of the Court
RICH, Judge.
Esso Standard Oil Company appeals from the affirmance by the Trademark Trial and Appeal Board of the denial of registration on the Principal Register of the design features of the label used on its “Esso” motor cleaner (124 USPQ 77), application Ser. No. 19,010, filed November 9, 1956, alleging first use in “commerce” in January 1950.
The Mark
The following is a reproduction of the application drawing, which is lined for color according to Patent Office rules:
What it depicts is a development, on a flat surface, of a label background which, in use, is on a cylindrical surface such as…
2Cases cited6 opinions
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Application of Swift & CoCourt of Customs and Patent Appeals · 1955
- Marcalus Manufacturing Company, Inc. v. Robert C. Watson, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1958
- Application of Hillerich & Bradsby CoCourt of Customs and Patent Appeals · 1953
- Application of E. J. Brach & SonsCourt of Customs and Patent Appeals · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Soccer Sport Supply Co.Court of Customs and Patent Appeals · 1975
- Application of Esso Standard Oil CompanyCourt of Customs and Patent Appeals · 1962
- Seabrook Foods, Inc. v. Bar-Well Foods Ltd.Court of Customs and Patent Appeals · 1977
- The Board of Trustees of The University of Alabama and Mr. Paul W. Bryant Jr. v. William Pitts Jr. and Christopher Blackburn, Trademark Trial and Appeal Board2013