In re St. Paul Hydeaulic Hoist Co.

This is an appeal from the decision o>f the Commissioner of Patents, speaking through the Assistant Commissioner, 75 USPQ 276, affirming the decision of the Examiner of Trade-Marks denying appellant registration under the Trade-Mark Act of February 20, 1905, of the notation “Dump IT” for use as trade-mark for hydraulic operated units for raising or tilting truck bodies to effect dumping of the contents of the bodies.

The mark is shown with the word “Dump” in script letters and the word “IT” in block type.

The rejection is based upon the ground that the notation is descriptive of the goods to…