Legal Opinion

In re Sawyer Electrical Manufacturing Co.

Court of Customs and Patent Appeals

Decided June 26, 1944No. 4916PublishedCited by 3 opinions

1Opinion of the CourtJaokson, Judge

Appellant appealed from a decision of the Commissioner of Patents, 57 USPQ 148, affirming that of the Examiner of Trade-Marks in refusing to register the word “SAWYER” in block capital letters as a trade-mark for electric motors.

The examiner held the mark to be the name of an individual not distinctively displayed and therefore forbidden by that part of the Trade-Mark Act of 1905, as amended, reading as follows:

Seo. 5. * * * Provided, That no mark which consists merely in the name of an individual, firm, corporation, or association not written, printed, impressed, or woven in some particular…

2Cases cited4 opinions

  1. Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
  2. Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
  3. Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
  4. Tinker v. M. F. Patterson Dental Supply Co.Court of Appeals for the D.C. Circuit · 1923

3Cited by3 opinions

  1. Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
  2. Investacorp, Inc. v. Arabian Investment Banking Corp.District Court, S.D. Florida · 1989
  3. Parmelee Pharmaceutical Co. v. ZinkDistrict Court, W.D. Missouri · 1960

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