Legal Opinion
In Re Burgess Battery Co.
Court of Customs and Patent Appeals
Decided June 24, 1940No. Patent Appeal 4347PublishedCited by 16 opinions
1Opinion of the Court
HATFIELD, Associate Judge.
This is an appeal from the decision of the Commissioner of Patents affirming the decision of the Examiner of TradeMarks denying appellant’s application for the registration of an alleged trade-mark under the Trade-Mark Act of February 20, 1905, 15 U.S.C.A. § 81 et seq.
The mark in question, for use on “dry batteries” and “flash light cases,” comprises, as stated in the decision of the Commissioner of Patents, “alternating black and white stripes, unrestricted as to number or length or as to the shape or size of area covered by the striping. The specimens filed with…
2Cases cited6 opinions
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Hygienic Products Co. v. CoeCourt of Appeals for the D.C. Circuit · 1936
- In Re Canada Dry Ginger Ale, Inc.Court of Customs and Patent Appeals · 1936
- Fleischmann v. StarkeyU.S. Circuit Court for the District of Rhode Island · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Application of Swift & CoCourt of Customs and Patent Appeals · 1955
- American Basketball Association v. AMF Voit, Inc.District Court, S.D. New York · 1973
- Application of Hehr Manufacturing CompanyCourt of Customs and Patent Appeals · 1960
- Application of the General Tire & Rubber CompanyCourt of Customs and Patent Appeals · 1969
- Application of Todd Co., Inc. (Burroughs Corporation, Assignee, Substituted)Court of Customs and Patent Appeals · 1961
11 more not listed; retrieve them via the Exa API.