In re Burgess Battery Co.

This is an appeal from a decision of the Commissioner of Patents affirming a decision of the Examiner of Trade-Marks denying appellant’s application for the registration of an alleged trade-mark under the Trade-Mark Act of February 20,1905.

The mark sought to be registered consists of a shield design surrounded by alternating dark .and light stripes of approximately equal width applied to dry batteries and flash-light cases.

Five specimens of the mark as actually used upon appellant’s goods were attached to the application.

The Examiner of Trade-Marks rejected the application upon the ground…