Holly Molding Devices v. Esquire, Inc.

The appellant, Holly Molding Devices, applied to the United States Patent Office for registration of its trade-mark, consisting of the word “Esquire” printed in block capitals of uniform size, placed in a straight ¡line, for use upon hamburger molding majchines. The appellee, Esquire, Inc., opposed said registration upon the ground that appellant sought to appropriate appellee’s entire corporate name. The opposition is based upon that portion of the proviso to § 5 of the Trade-mark Act of February 20, 1905, which states that “no mark which consists merely in the name of an individual, firm,…