Legal Opinion

Dixie Rose Nursery v. Coe

District Court, District of Columbia

Decided November 16, 1942No. 8193PublishedCited by 5 opinions

1Opinion of the Court

EDGERTON, Associate Justice.

This appeal is from the District Court’s refusal to authorize the Commissioner of Patents 1 to register appellant’s trade mark for rose plants, scions, and cuttings. The mark consists of the words “Texas Centennial” on an outline map of Texas. The Trade Mark Act of 1905 provides that “no mark which consists * * * merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods, or merely a geographical name or term, shall be registered * * *.”2 The Patent Office refused registration on the grounds…

2Cases cited3 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. DuPont Cellophane Co. v. Waxed Products Co.Court of Appeals for the Second Circuit · 1936
  3. In re Irving Drew Co.Court of Appeals for the D.C. Circuit · 1924

3Cited by5 opinions

  1. Anti-Monopoly, Inc. v. General Mills Fun GroupCourt of Appeals for the Ninth Circuit · 1979
  2. In Re Pennington Seed, Inc. (Mark Formerly Owned by Krb Seed Company, Llc)Court of Appeals for the Federal Circuit · 2006
  3. Artype, Incorporated v. Joseph Zappulla, Doing Business as Art-Type ServiceCourt of Appeals for the Second Circuit · 1956
  4. International Fruit Genetics, LLC, Trademark Trial and Appeal Board2022
  5. KRB Seed Company, LLC, Trademark Trial and Appeal Board2005

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