Legal Opinion · Dissent

Application of Raymond K. Cooper

Court of Customs and Patent Appeals

Decided May 23, 1958No. Patent Appeal 6329Published

1DissentWorley, Judge

I appreciate the detailed discussion in the majority opinion, but am not completely satisfied as to the correctness of the result reached therein. True, there is precedent, particularly in the In re Page Company decision, supporting the conclusion that the instant mark is not registrable, but it is also true that this court itself has provided support for the opposite view. For example, in Whitman Publishing Company v. McLoughlin Bros., Inc., 97 F.2d 608, 611, 25 C.C.P.A., Patents 1298, this court quoted with approval the following language:

“1 can perceive no reason why a trade-mark may not…

2Cases cited3 opinions

  1. Robert C. Watson, Commissioner of Patents v. Thomas J. AllenCourt of Appeals for the D.C. Circuit · 1958
  2. Burton-Dixie Corporation v. Restonic CorporationCourt of Customs and Patent Appeals · 1956
  3. Whitman Publishing Co. v. McLoughlin Bros.Court of Customs and Patent Appeals · 1938

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