Legal Opinion
In re Effervescent Products, Inc.
Court of Customs and Patent Appeals
Decided December 1, 1942No. 4650PublishedCited by 3 opinions
1Opinion of the CourtJackson, Judge
Appellant filed its application for registration of the mark “Acetyl-Vess” as applied to alkaline effervescent tablets having an analgesic-*763antipyretic action, in Class 6, chemical, medicines, and pharmaceutical preparations.
The Examiner of Trade-Marks refused registration until the word “Acetyl” was disclaimed. The examiner held that word to be descriptive and believed it to be common property. Upon appeal the Commissioner of Patents affirmed the decision of the Examiner of TradeMarks.
The examiner based his decision upon definitions in Webster’s New International Dictionary as follows:(1)…
2Cases cited1 opinion
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
3Cited by3 opinions
- Dena Corporation v. Belvedere International, Inc.Court of Appeals for the Federal Circuit · 1991
- Application of Hercules Fasteners, IncCourt of Customs and Patent Appeals · 1953
- Meehanite Metal Corporation v. The International Nickel Co., Inc.Court of Customs and Patent Appeals · 1959