Legal Opinion
Application of Diamond Fertilizer Co
Court of Customs and Patent Appeals
Decided April 15, 1953No. Patent Appeals 5949PublishedCited by 2 opinions
1Opinion of the Court
O’CONNELL, Judge.
This is an appeal from 'the decision' of the Commissioner of Patents affirming the decision of the Examiner of Trade-Marks denying appellant’s application for registration on the Principal Register under the Act of 1946, 15 U.S.C.A. § 1051 et seq., of the mark “EZ FLO” for use on insecticides (dusts), plant and horticultural parasiti-cides, agricultural, crop and animal sprays, fungicides, and plant hormones for agricultural use.
The sole, rej ection advanced by the examiner and approved by the commissioner is that the mark as a whole is descriptive within the purview of…
2Cases cited4 opinions
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
- Celanese Corp. v. E. I. Du Pont De Nemours & Co.Court of Customs and Patent Appeals · 1946
- Andrew J. McPartland, Inc. v. Montgomery Ward & Co.Court of Customs and Patent Appeals · 1947
- In re Swan & Finch Co.District Court, District of Columbia · 1919
3Cited by2 opinions
- Dietene Co. v. Dietrim Co.District Court, D. Nebraska · 1954
- Neely v. Boland Manufacturing Co.District Court, D. Minnesota · 1958