KAY & ESS CO. v. COE

No. 6804.

92 F.2d 552 (1937)

KAY & ESS CO. v. COE, Commissioner of Patents.

United States Court of Appeals for the District of Columbia.

Decided August 9, 1937.


Attorney(s) appearing for the Case

John M. Mason, of Washington, D. C., and H. A. Toulmin and H. A. Toulmin, Jr., both of Dayton, Ohio, for appellant.

R. F. Whitehead, Solicitor, United States Patent Office, for appellee.

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


STEPHENS, Associate Justice.

The appellant sought, under the Trade-Mark Act of 1905, § 5 (33 Stat. 725 [15 U.S.C.A. § 85]), to register the word "Morocco" as a trade-mark for a class of paints and varnishes. The pertinent portion of the Act is a proviso that:

". . . no mark which consists . . . merely in words . . . which are descriptive of the goods with which they are used, or of the character or quality of such goods, . . shall be registered ...

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