Marcalus Manufacturing Company, Inc. v. Robert C. Watson, Commissioner of Patents

Appellant sold paper products in wrappers which bore a maroon oval with the registered name “Marcal” and other words superimposed in the oval in white letters. This case arose when appellant sought to i-egister the maroon oval by itself, without any wording. 1 The Patent Office refused registration, and appellant filed an action in the District Court under 15 U.S.C. § 1071, 15 U.S.C.A. § 1071 and 35 U.S.C. § 145. The District Court dismissed the complaint, concluding that the various maroon ovals by themselves were not in fact distinguishing marks for appellant’s products.

Appellant argues…