In re Maclin-Zimmer-McGill Tobacco Co.
Court of Appeals for the D.C. Circuit
Appeal from the Commissioner of Patents. Application by the Maclin-Zimmer-McGill Tobacco Company, Incorporated, to register a trade-mark. From a decision refusing registration, the applicant appeals.
1Opinion of the Court
ROBB, Associate Justice.
Appeal from a Patent Office decision refusing registration to the words “El Gallo,” as a trade-mark for tobacco.
“El Gallo” is the Spanish for “The Rooster,” and it appears that “Our Rooster” and a picture of a rooster have been registered as a trade-mark for tobacco by another concern. In Nestle & A. S. C. Milk Co. v. Walter Baker & Co., 37 App. D. C. 148, 152, we ruled that “Milkmaid” and a pictorial representation of a milkmaid meant the same to the public, and that the “right to employ one necessarily includes the right to employ both.” It matters not that appellant…
2Cited by11 opinions
- Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
- In Re Riverbank Canning Co.Court of Customs and Patent Appeals · 1938
- In Re Northern Paper MillsCourt of Customs and Patent Appeals · 1933
- Pink Lady Corporation v. L. N. Renault & Sons, Inc.Court of Customs and Patent Appeals · 1959
- McKesson & Robbins, Inc. v. Charles H. Phillips Chemical Co.Court of Appeals for the Second Circuit · 1931
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