In re Irving Drew Co.

SMITH, Acting Associate Justice.

This is an appeal from a decision of the Commissioner of Patents, which held that the words “Arch Rest” were descriptive of the goods, and affirmed the decision of the Examiner, refusing to register the words as a trade-mark for boots, shoes, and slippers.

It appears from the record that the mark “Arch Rest” was first used on boots and shoes in 1909, by the Utz & Dunn Company, and that the applicant, the Irving Drew Company, began to use it in 1912. Prior to the decision of the Commissioner, the applicant purchased the business of the Utz & Dunn Company, and all…