SPARKLETS CORPORATION v. WALTER KIDDE SALES CO.

Patent Appeals Nos. 4162, 4164.

104 F.2d 396 (1939)

SPARKLETS CORPORATION v. WALTER KIDDE SALES CO. WALTER KIDDE SALES CO. v. SPARKLETS CORPORATION.

Court of Customs and Patent Appeals.

June 19, 1939.


Attorney(s) appearing for the Case

Charles A. Vilas and Henry J. Savage, both of New York City (Paul A. Blair, of Washington, D. C., of counsel), for Sparklets Corporation.

Darby & Darby, of New York City (Louis D. Fletcher, of New York City, of counsel), for Walter Kidde Sales Co.

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


GARRETT, Presiding Judge.

We are here called upon to review the decision of the Commissioner of Patents refusing the application of Sparklets Corporation for registration for use on bulbs or capsules designed to contain compressed or liquefied gas, of a mark, claimed to be a trade-mark, described in the application as consisting "of a groove or depressed band located about midway of the length of the bulb but slightly nearer to its neck than to its round base, and...

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