Legal Opinion

In re Chas. R. Long, Jr., Co.

District Court, District of Columbia

Decided April 3, 1922No. 1476PublishedCited by 8 opinions

Appeal from the Commissioner of Patents. Application by Chas. R. Long, Jr. Company for registration of a trade-mark. From a decision of the Patent Office requiring a disclaimer of a descriptive word as a prerequisite of the registration of the mark, the applicant appeals.

1Opinion of the Court

ROBB, Associate Justice.

Appeal from a Patent Office decision requiring appellant to file a disclaimer of a descriptive word as a prerequisite to the registration of a claimed trade-ma.rk.

One specimen of the mark filed with the application comprises a diamond-shaped figure around a similar figure inclosing a third diamond shaped figure containing the word “Stabrite.” Appellant, however, contends that the following is the mark relied upon:

[ 1 ] In its application appellant alludes to the goods upon which its mark is applied as “a polish or coating for the front end and stacks of locomotives to…

2Cases cited1 opinion

  1. Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920

3Cited by8 opinions

  1. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  2. Franklin Knitting Mills, Inc. v. Fashionit Sweater Mills, Inc.District Court, S.D. New York · 1923
  3. Day-Brite Lighting, Inc. v. Sta-Brite Fluorescent Manufacturing CompanyCourt of Appeals for the Fifth Circuit · 1962
  4. California Cyanide Co. v. American Cyanamid Co.Court of Customs and Patent Appeals · 1930
  5. A. & H. Transportation, Inc. v. Save Way Stations, Inc.Court of Appeals of Maryland · 1957

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