Application of Radio Corp. Of America

WORLEY, Judge.

This is an appeal by the Radio Corporation of America, hereinafter referred to .as appellant, from a decision of the Commissioner of Patents affirming the denial by the examiner of appellant’s application for registration of the slogan “The Music You Want When You Want It” under section 3 of the Lanham Act, Trade-Mark Act of 1946, 15 U.S.C.A. § 1053. That section reads as follows:

“Sec. 3. Service marks registrable

“Subject to the provisions relating to the registration of trade-marks, so far as they are applicable, service marks used in commerce shall be registrable, in the same…