Legal Opinion

Application of Stephens-Adamson Mfg. Co.

Court of Appeals for the D.C. Circuit

Decided January 5, 1920No. 1259PublishedCited by 3 opinions

Appeal from a Decision by the Commissioner of Patents. Application by the Stephens-Adamson Manufacturing Company to register a trade-mark. From a decision by the Commissioner of Patents, denying the application, the applicant appeals.

1Opinion of the Court

SMYTH, Chief Justice.

[1] The Stephens-Adamson Manufacturing Company applied to have the words “Unit Carrier” registered as a trade-mark for roller brackets for belt conveyers; but the application was denied, on the ground that the words were descriptive. While the application was pending a motion for leave to strike out of the mark the word “Carrier” was overruled by the Commissioner of Patents. According to the decisions of this court (In re Beckwith, 48 App. D. C. 110, and authorities there, referred to), this was error.

[2] Considering the mark as émbracing merely the word “Unit,” the…

2Cases cited3 opinions

  1. Holeproof Hosiery Co. v. Wallach Bros.Court of Appeals for the Second Circuit · 1909
  2. O'Rourke v. Central City Soap Co.U.S. Circuit Court for the District of Eastern Michigan · 1885
  3. Albers Bros. Milling Co. v. Acme Mills Co.U.S. Circuit Court for the District of Oregon · 1909

3Cited by3 opinions

  1. William Waltke & Co. v. Geo. H. Schafer & Co.Court of Appeals for the D.C. Circuit · 1920
  2. Wornova Mfg. Co. v. McCawley & Co.Court of Appeals for the Second Circuit · 1926
  3. Triangle Publications v. HansonDistrict Court, E.D. Missouri · 1946

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