In re Westgate Sea Products Co.

The Commissioner of Patents affirmed, 63 USPQ 152, a decision of the Examiner of Trade-Marks rejecting the application of appellant for registration of the trade-mark “Westgate,” applied to canned fish, *1259Serial No. 459,971, filed April 17,1943 in accordance with, tbe TradeMark Act of February 20,1905. From that decision this appeal was taken.

The examiner in his statement refused registration on the ground that the mark sought to be registered is geographical in that it is the name of “inconsequential” towns in Iowa, Kansas, and England, and because it is a surname not distinctively displayed,…