Legal Opinion
In Re W. A. Sheaffer Pen Co.
Court of Customs and Patent Appeals
Decided December 9, 1946No. Patent Appeal 5211PublishedCited by 17 opinions
1Opinion of the Court
O’CONNELL, Associate Judge.
This is an appeal from the decision of the Commissioner of Patents refusing to register appellant’s mark “Fineline,” 65 USPQ 171, as applied to mechanical pen cils, parts thereof, and leads therefor. The ground of refusal was that the mark is descriptive of the character or quality of the goods with which it is used and its registration prohibited under Section 5(b) of the Trade-Mark Act of February 20, 1905, 15 U.S.C. § 85(b).
In its application appellant alleged that it had continuously used and applied its trade-mark to the goods since August 19, 1938.
The…
2Cases cited8 opinions
- Celanese Corp. v. E. I. Du Pont De Nemours & Co.Court of Customs and Patent Appeals · 1946
- Model Brassiere Co. v. Bromley-Shepard Co.Court of Customs and Patent Appeals · 1931
- O'Rourke v. Central City Soap Co.U.S. Circuit Court for the District of Eastern Michigan · 1885
- Application of SelmiCourt of Customs and Patent Appeals · 1946
- In Re BurnsCourt of Customs and Patent Appeals · 1936
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In re Abcor Development Corp.Court of Customs and Patent Appeals · 1978
- Safeway Stores, Incorporated v. Safeway Properties, Inc.Court of Appeals for the Second Circuit · 1962
- Southwestern Bell Telephone Co. v. Nationwide Independent Directory Service, Inc.District Court, W.D. Arkansas · 1974
- Modern Optics, Incorporated v. The Univis Lens CompanyCourt of Customs and Patent Appeals · 1956
- Farm Service, Inc. v. United States Steel Corp.Idaho Supreme Court · 1966
12 more not listed; retrieve them via the Exa API.