Legal Opinion · Dissent

Application of Ada Milling Co

Court of Customs and Patent Appeals

Decided June 24, 1953No. Patent Appeals 5969Published

1DissentO’Connell, Judge

The law is thoroughly established in this and other federal jurisdictions that trademarks are nonregistrable whenever they consist of a combination of words, such as we have here, each word of which is individually nonregistrable under the mandate of the statute. In re Midy Laboratories, Inc., 104 F.2d 617, 26 C.C.P.A., Patents, 1294; Kimberly-Clark Corporation v. Mar-zall, 90 U.S.App.D.C. 409, 196 F.2d 772. In the cases just cited the respective courts properly rejected the proposition now advanced here that words nonregistrable separately or standing alone become registrable if combined, on…

2Cases cited4 opinions

  1. Application of Fleet-Wing Corporation (Two Cases)Court of Customs and Patent Appeals · 1951
  2. In Re Midy Laboratories, Inc.Court of Customs and Patent Appeals · 1939
  3. Carmel Wine Co. v. California WineryCourt of Appeals for the D.C. Circuit · 1911
  4. Kimberly-Clark Corporation v. Marzall, Commissioner of Patents (Two Cases)Court of Appeals for the D.C. Circuit · 1952

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