McIlhenny Co. v. Trappey
Court of Appeals for the D.C. Circuit
Appeal from the Commissioner of Patents. Application by B. F. Trappey for the registration of a trade-mark, opposed by the Mcllheuny Company. From a decision dismissing the opposition, the opposer appeals.
1Opinion of the Court
SMYTH, Chief Justice.
Trappey applied to the Patent Office to register a trade-mark for tabasco sauce, peppers in vinegar, extract of pepper, and ground pepper, in which occurs the word “Tabasco.” He alleged that he had used the mark, in the specific form shown in a drawing, since January, 1912, and that he presents with his application a drawing and five specimens of the mark. There are in the record only a diagram consisting of a large shield, within which is a smaller one bearing the word “Shield,” and two specimens on each *616of which are several words. In only one appears the word “Tabasco.”
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2Cited by10 opinions
- Quaker State Oil Refining Co. v. SteinbergSupreme Court of Pennsylvania · 1936
- Trappey v. McIlhenny Co.Court of Appeals for the Fifth Circuit · 1922
- Colgate-Palmolive Co. v. Mistolín de Puerto Rico, Inc.Supreme Court of Puerto Rico · 1986
- Touraine Co. v. F. B. Washburn & Co.District Court, District of Columbia · 1923
- John Wood Mfg. Co. v. Servel, Inc.Court of Customs and Patent Appeals · 1935
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