Crown Overall Mfg. Co. v. Desmond's

The hyphenated words “Flexi-Crown” are merely descriptive of two of the fea*648tures of appellee’s caps which are uniformly characteristic of all other caps in the same class. Consequently, appellee has no right to the exclusive use of those words, and registration of the mark is prohibited by the explicit mandate of the statute. Under the authorities, and in the public interest, it was the duty of the tribunals of the Patent Office to determine, ex parte, .and independent of the issue raised by the notice of opposition or the contentions of the parties, whether the mark was entitled to…