GENERAL BAKING CO. v. WARD BAKING CO.

No. 1715.

4 F.2d 304 (1925)

GENERAL BAKING CO. v. WARD BAKING CO.

Court of Appeals of District of Columbia.

Decided March 2, 1925.


Attorney(s) appearing for the Case

F. P. Warfield and E. W. Leavenworth, both of New York City, for appellant.

W. B. Morton, of New York City, for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and BARBER, Judge of the United States Court of Customs Appeals.


ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals dismissing appellant's opposition to the registration by appellee of the word "Warranty" as a trade-mark for bread; the ground of the opposition being appellant's use of the word "Bond" as a trade-mark on the same class of goods.

If "Bond," as used by appellant, were more than suggestive, it would be descriptive, and hence not subject to appropriation as a trade-mark....

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