Legal Opinion

Application of Gastown, Inc

Court of Customs and Patent Appeals

Decided January 23, 1964No. Patent Appeal 7024PublishedCited by 19 opinions

1Opinion of the Court

MARTIN, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 133 USPQ 630, sustaining the refusal of the examiner to register “GASTOWN” as a service mark for “automobile and truck supply maintenance services.”

Appellant asserts that the mark is used by applying it to stationary pumps, globes, signs, and like displays associated with its services. Use since January 13, 1949, is alleged.

The examiner’s refusal of registration was based on the grounds that (a) the claimed services are not rendered in interstate commerce, and (b) “automobile and truck supply services”…

Also in this document: Dissent.

2Cases cited8 opinions

  1. United States v. SteffensSupreme Court of the United States · 1879
  2. Steele v. Bulova Watch Co.Supreme Court of the United States · 1952
  3. Pure Foods, Inc. v. Minute Maid Corp.Court of Appeals for the Fifth Circuit · 1954
  4. Martino v. Michigan Window Cleaning Co.Supreme Court of the United States · 1946
  5. Bulova Watch Co., Inc. v. SteeleCourt of Appeals for the Fifth Circuit · 1952

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3Cited by19 opinions

  1. Patsy's Italian Restaurant, Inc. v. BanasCourt of Appeals for the Second Circuit · 2011
  2. Golden Door, Inc. v. OdishoDistrict Court, N.D. California · 1977
  3. Kampgrounds of America, Inc. v. North Delaware A-OK Campground, Inc.District Court, D. Delaware · 1976
  4. Larry Harmon Pictures Corporation v. The Williams Restaurant CorporationCourt of Appeals for the Federal Circuit · 1991
  5. In re Silenus Wines, Inc.Court of Customs and Patent Appeals · 1977

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