In re Reynolds Metals Co.

MARKEY, Chief Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, abstracted at 172 USPQ 141 (1972), refusing registration of appellant’s mark BROWN-IN-BAG for transparent plastic film bags.1 We reverse.

The Rejection

The application was first rejected on the premise that the mark was an informational slogan. The next and final refusal was based on the view that the mark was an informational slogan and did not “servé to distinguish applicant’s goods from like goods of others.” In the Examiner’s Answer, Sec. 2(e)(1) of the Act of 1946 is cited and refusal is said to…