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IN RE PLYMOUTH MOTOR CORPORATION

Patent Appeal No. 2510.

46 F.2d 211 (1931)

In re PLYMOUTH MOTOR CORPORATION.

Court of Customs and Patent Appeals.

January 12, 1931.

Attorney(s) appearing for the Case

J. King Harness, of Detroit, Mich., and Chas. M. Thomas and F. D. Thomas, both of Washington, D. C., for appellant.

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

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

GARRETT, Associate Judge.

In the final analysis, the determination of the issue of this case must turn largely upon the construction of the word "merely" as same is used in that clause of section 5 of the Trade-Mark Registration Act (15 USCA § 85) which provides:

"That no mark which consists merely in * * * a geographical name or term, shall be registered under the terms of this subdivision of this chapter."

Applicant seeks to register a mark...

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