Sears, Roebuck & Co. v. Watson

FAHY, Circuit Judge.

Sears, Roebuck and Co., the appellant, in 1908 adopted as a trade-mark for sporting goods “J C Higgins”, not written, printed, impressed or woven in any particular or distinctive manner, and has used it extensively. In 1948 the Company applied to the Patent Office for registration of the mark, expressly negativing that the application was under Section 2(f) of the Act, Lanham Trade-Mark Act, 60 Stat. 429, 15 U.S. C. § 1052(f) (1946), 15 U.S.C.A. § 1052(f), which authorizes registration of a mark which “has become distinctive of the applicant’s goods in commerce.” This left…