Application of Colonial Stores Incorporated
Court of Customs and Patent Appeals
1Opinion of the Court
ARTHUR M. SMITH, Judge.
The issue here presented is whether one who combines admittedly descriptive words, i. e., "sugar" and "spice," and uses the combined terms as a trademark, may properly be refused registration of the combined terms when applied to goods other than those which are directly described by such words and when an association of a concept foreign to the goods is said to attach to the combined mark. On this record, it is clear that both sugar and spice may be present as ingredients in at least some of the bakery products to which the mark is applied. Resolution of this issue…
Also in this document: Concurrence.
2Cases cited20 opinions
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
- Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
- Skinner Mfg. Co. v. Kellogg Sales Co.Court of Appeals for the Eighth Circuit · 1944
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3Cited by40 opinions
- In re Abcor Development Corp.Court of Customs and Patent Appeals · 1978
- Liquid Controls Corporation v. Liquid Control CorporationCourt of Appeals for the Seventh Circuit · 1986
- Roux Laboratories, Inc. v. Clairol IncorporatedCourt of Customs and Patent Appeals · 1970
- Real Foods Pty Ltd. v. Frito-Lay North America, Inc.Court of Appeals for the Federal Circuit · 2018
- Association of Co-Operative Members, Inc. v. Farmland Industries, Inc., Defendant-Third Party v. Elmer Gibson, Third PartyCourt of Appeals for the Third Circuit · 1982
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