Legal Opinion
In re Honeywell, Inc.
Court of Customs and Patent Appeals
Decided April 1, 1976No. Patent Appeal No. 76-526PublishedCited by 29 opinions
1Opinion of the Court
MILLER, Judge.
This appeal is from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (“board”), 187 USPQ 576 (1975), affirming, on the ground of functionality, the refusal of the Examiner of Trademarks to register appellant’s asserted trademark for thermostats. We affirm.
The matter asserted to be a trademark is a portion of the configuration of a thermostat and, as set forth in the drawings accompanying the application to register,1 is shown below.
Appellant’s amended application for registration states, in part:
The Trademark as used consists of the arbitrary and…
2Cases cited4 opinions
- New Jersey v. General Motors Corp.Supreme Court of the United States · 1974
- Application of Deister Concentrator Company, IncCourt of Customs and Patent Appeals · 1961
- Best Lock Corporation v. Schlage Lock CompanyCourt of Customs and Patent Appeals · 1969
- In re Honeywell, Inc.Court of Customs and Patent Appeals · 1974
3Cited by29 opinions
- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- Wsm, Incorporated v. Tennessee Sales Company, a General Partnership Comprising Bob Beasley and Nathan DavisCourt of Appeals for the Sixth Circuit · 1983
- In Re Bose CorporationCourt of Appeals for the Federal Circuit · 1985
- Keene Corporation v. Paraflex Industries, Inc., Sim-Kar Lighting Fixtures Co., IncCourt of Appeals for the Third Circuit · 1981
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