In re Standard Oil Co.

This is an appeal from the decision of the Assistant Commissioner of Patents affirming the refusal of the Examiner of Trademarks to register the words “GUARANTEED STARTING” as a service mark under section 3 of the Trademark Act of July 5,1946,15 U.S.C. 1053. The application is to register the words as a service mark for “inspecting, conditioning, and otherwise servicing motor vehicles to facilitate their operation in cold weather, and starting or arranging for the payment of starting expense of motor vehicles which fail to start after being so serviced.”

It appears from the record that, in…