Application of I. Lewis Cigar Mfg. Co

WORLEY, Judge.

This is an appeal from the decision of the Commissioner of Patents affirming the rejection by the examiner of the application for registration filed December 5, 1947, under the provisions of section 2(e) of the Lanham Act, Trade-Mark Act of 1946, of the notation “S. Seidenberg & Co’s.” Registration was denied on the ground that the mark sought to be registered was primarily merely a surname within the meaning of the involved section.

The pertinent portions of that section read as follows:

Sec. 2. “Trade-marks registrable on the Principal Register

“No trade-mark by which the goods…