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IN RE DOLLY VARDEN CHOCOLATE CO.

No. 1651.

2 F.2d 943 (1924)

In re DOLLY VARDEN CHOCOLATE CO.

Court of Appeals of District of Columbia.

Decided December 1, 1924.

Attorney(s) appearing for the Case

W. F. Murray, of Cincinnati, Ohio, for appellant.

T. A. Hostetler, of Washington, D. C., for Commissioner of Patents.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

VAN ORSDEL, Associate Justice.

This appeal is from the decision of the Commissioner of Patents denying registration of the words "When Words Fail — Send" as a trade-mark for candy. The label accompanying the application bears the inscription, "When Words Fail Send Dolly Varden Chocolates."

Registration was refused, on the ground that the words do not constitute a technical trade-mark, since such a mark does not indicate origin or ownership of the article...

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