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Legal Opinion

Application of McIlhenny Company

Court of Customs and Patent Appeals

Decided May 24, 1960No. Patent Appeal 6556PublishedCited by 32 opinions

1Opinion of the Court

MARTIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board affirming the trademark examiner’s refusal to register on the Principal Register for pepper sauce a mark which “consists of a capped bottle of pepper sauce.”

The specimen filed with the application for registration is a bottle having a cylindrical body about 3 inches high and about li/4 inches in diameter, and a tapering portion terminating in a cylindrical neck about y inch in diameter and which, including a threaded mouth portion, is about 2% inches in height. Adjacent the threaded mouth portion is an…

2Cited by32 opinions

  1. Yamaha International Corporation v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc.Court of Appeals for the Federal Circuit · 1988
  2. In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
  3. Aromatique, Inc., Appellee/cross-Appellant v. Gold Seal, Inc., and Darrell Bufford, Appellants/cross-AppelleesCourt of Appeals for the Eighth Circuit · 1994
  4. Sicilia Di R. Biebow & Co. v. Ronald C. Cox and Sales U.S.A., Inc.Court of Appeals for the Fifth Circuit · 1984
  5. Application of Mogen David Wine CorporationCourt of Customs and Patent Appeals · 1964

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