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IN RE SAWYER ELECTRICAL MFG. CO.

Patent Appeals No. 4916.

144 F.2d 893 (1944)

In re SAWYER ELECTRICAL MFG. CO.

Court of Customs and Patent Appeals.

Rehearing Denied October 2, 1944.

Attorney(s) appearing for the Case

Elwin A. Andrus, of Milwaukee, Wis. (Merl E. Sceales, of Madison, Wis., and Lee B. Kemon, of Washington,. D. C., of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (R. F. Whitehead, of Washington, D. C., of counsel), for Commissioner of Patents.

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

JACKSON, Associate Judge.

Appellant appealed from a decision of the Commissioner of Patents, 57 U.S.P.Q. 148, affirming that of the Examiner of Trade-Marks in refusing to register the word "Sawyer" in block capital letters as a trademark for electric motors.

The examiner held the mark to be the name of an individual not distinctively displayed and therefore forbidden by that part of the Trade-Mark Act of 1905, as amended, reading as follows: "Sec. 5. * * ...

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