In re Retail Clerks International Protective Ass'n

Appellant, a labor organization, sought to register an alleged trade-mark, consisting of a circular band bearing the words “RETAIL CLERKS UNION” within which is a five-pointed star, each of the points bearing one of the letters “R C I P A” and in the center is a representation of clasped hands, the mark being for use upon a store window card which card is rented to the store owner for 50 cents a month.

The Primary Examiner of the United States Patent Office denied registration with the statement that:

The grounds of refusal to register are that the articles on which the mark is used are mere…