Duro Pump & Mfg. Co. v. California Cedar Products Co.

ROBB, Associate Justice.

Appeal from a decision of the Patent Office in a trademark proceeding brought by the Duro Pump & Manufacturing Company, hereinafter called the Duro Company, and opposing the registration by the California Cedar Produets Company of the word “Duro” as a trademark.

The Patent Office tribunals ruled that the goods of the respective parties possessed different descriptive properties, and that the word “Duro,” having been written by applicant in such a peculiar way as not to constitute "merely” the distinguishing word in the corporate name of the opposer, was registerable.

The…