Legal Opinion

Application of Calgon Corporation

Court of Customs and Patent Appeals

Decided January 7, 1971No. Patent Appeal 8366PublishedCited by 12 opinions

1Opinion of the Court

RE, Judge.

Calgon Corporation appeals from the decision of the Trademark Trial and Appeal Board 1 sustaining the examiner’s refusal to register on the Principal Register the following trademark, 2 aptly described as a silhouette of a girl in a bathtub with a blossom design:

It is used for water softeners, hair rinses, perfumed water conditioners, and compositions containing bath oil, perfume and water softener.

Registration was refused because, in the Patent Office view, Calgon’s mark "so resembles a mark registered in the Patent Office * * * as to be likely, when applied to the goods of the…

2Cases cited6 opinions

  1. Contour Chair-Lounge Co., Inc. v. The Englander Company, Inc.Court of Customs and Patent Appeals · 1964
  2. Cosmetically Yours, Inc. v. Clairol IncorporatedCourt of Customs and Patent Appeals · 1970
  3. In re Brockway Glass Co.Court of Customs and Patent Appeals · 1946
  4. Island Road Bottling Co. v. Drink-Mor Beverage Co.Court of Customs and Patent Appeals · 1944
  5. Southern Enterprises, Inc. D.B.A the Whopper-Burger Shop v. Burger King of Florida, Inc.Court of Customs and Patent Appeals · 1970

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re Dixie Restaurants, Inc.Court of Appeals for the Federal Circuit · 1997
  2. Dreyfus Fund v. Royal Bank of CanadaDistrict Court, S.D. New York · 1981
  3. In Re: Detroit Athletic Co.Court of Appeals for the Federal Circuit · 2018
  4. Ultra-White Co. v. Johnson Chemical Industries, Inc.Court of Customs and Patent Appeals · 1972
  5. Conde Nast Publications, Inc. v. Miss Quality, Inc.Court of Customs and Patent Appeals · 1975

7 more not listed; retrieve them via the Exa API.

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