131 F.2d 446 | D.D.C. | 1942
This appeal is from the District Court’s refusal to authorize the Commissioner of Patents
Appellant concedes that “Texas Centennial” is the name of a variety of rose. This variety is known throughout the trade, and listed in appellant’s catalog, by this name. Purchasers call for it, and for no other variety, by this name. Appellant’s catalog attributes to the “Texas Centennial” a number of physical features which distinguish it from other roses. Appellant has patented this rose, and apparently it is grown and marketed only by appellant and its licensees. Though the licensees agree to tell purchasers of appellant’s connection with it, one may in fact buy “Texas Centennial” roses without learning that the original stock came from appellant’s nursery.
If a man should invent a combination automobile and airplane, and call
The policy of such an exception is not so clear that we can impute to Congress an intent to imply it. It is conceived to be fair to persuade buyers that they want goods from a particular source, and to enable them to get such goods by the convenient means that an exclusive trade mark or trade name provides. It is conceived to be unfair to require buyers who are indifferent to source, and want merely goods of certain characteristics, to name a particular source in order to name the desired characteristics.
The inclusion or addition of the geographical name and map does not entitle the mark to registration. If, as appellant contends, the Patent Office has previously registered trade marks in like circumstances, it does not follow that its present action is erroneous.
Affirmed.
Under R.S. § 4915, 35 U.S.C.A. § 63.
33 Stat. 725, § 5, 15 U.S.C.A. § 85.
DuPont Cellophane Co., Inc., v. Waxed Products Co., Inc., 2 Cir., 85 F. 2d 75, 80, certiorari denied, 304 U.S. 575, 58 S.Ct. 1047, 82 L.Ed. 1539.
In re Irving Drew Co., 54 App.D.C. 310, 311, 297 F. 889, 890.
Cf. Singer Mjg. Co. v. June Mfg. Co., 163 U.S. 169, 185, 186, 16 S.Ct. 1002, 41 L.Ed. 118; DuPont Cellophane Co. v. Waxed Products Co., 2 Cir., 85 F.2d 75, 80, certiorari denied, 304 U.S. 575, 58 S.Ct. 1047, 82 L.Ed. 1539.