In re McKesson & Robbins, Inc.

This is an appeal from the decision of the Commissioner of Patents (speaking through the late Honorable Leslie Frazer, First Assistant Commissioner), 73 USPQ 206, affirming the decision of the Examiner of Trade-Marks denying appellant’s application for the registration of a trade-mark under the Trade-Mark Act of February 20, 1905.

The trade-mark in question is for use on “A Perfumed Toilet Preparation for the purpose of cleansing the Scalp and Hair, imparting a Lustre to the Hair and keeping it well groomed and in place.” The trade-mark comprises the word “BRACE” on a black background and…