Legal Opinion

Application of Hehr Manufacturing Company

Court of Customs and Patent Appeals

Decided July 6, 1960No. Patent Appeal 6563PublishedCited by 20 opinions

1Opinion of the Court

WORLEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board of the United States Patent Office affirming the examiner’s refusal to register on the principal register appellant’s trademark consisting of “a square red label, upon which applicant’s secondary trademarks are usually placed,” for use on windows and ventilators for automobile trailers. Refusal was on the ground that appellant had not satisfactorily shown that the mark identified or distinguished its goods.

The facts do not appear to be seriously disputed. The board’s interpretation thereof is…

2Cases cited5 opinions

  1. Application of Swift & CoCourt of Customs and Patent Appeals · 1955
  2. Application of Hillerich & Bradsby CoCourt of Customs and Patent Appeals · 1953
  3. In Re Burgess Battery Co.Court of Customs and Patent Appeals · 1940
  4. Application of E. J. Brach & SonsCourt of Customs and Patent Appeals · 1958
  5. In re Burgess Battery Co.Court of Customs and Patent Appeals · 1944

3Cited by20 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. Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc.Court of Appeals for the Second Circuit · 2012
  3. In Re Owens-Corning Fiberglas CorporationCourt of Appeals for the Federal Circuit · 1985
  4. Levi Strauss & Co., Applicant/appellant v. Genesco, Inc., Opposer/appelleeCourt of Appeals for the Federal Circuit · 1984
  5. Plastilite Corp. v. Kassnar ImportsCourt of Customs and Patent Appeals · 1975

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