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DIXIE ROSE NURSERY v. COE

No. 8193.

131 F.2d 446 (1942)

DIXIE ROSE NURSERY v. COE, Com'r of Patents.

United States Court of Appeals for the District of Columbia.

Decided November 16, 1942.

Attorney(s) appearing for the Case

Harry C. Robb, Sr., of Washington, D. C., with whom John F. Robb, of Cleveland, Ohio, and Harry C. Robb, Jr., of Washington, D. C., were on the brief, for plaintiff-appellant.

Edwin L. Reynolds, of Washington, D. C., with whom W. W. Cochran, Solicitor, United States Patent Office, of Washington, D. C., was on the brief, for defendant-appellee.

Before GRONER, Chief Justice, and EDGERTON and RUTLEDGE, Associate Justices.

EDGERTON, Associate Justice.

This appeal is from the District Court's refusal to authorize the Commissioner of Patents1 to register appellant's trade mark for rose plants, scions, and cuttings. The mark consists of the words "Texas Centennial" on an outline map of Texas. The Trade Mark Act of 1905 provides that "no mark which consists * * * merely in words or devices which are descriptive of the goods with which they are used, or of the...

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