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IN RE LOCKE STOVE CO.

Patent Appeals No. 5106.

154 F.2d 200 (1946)

In re LOCKE STOVE CO.

Court of Customs and Patent Appeals.

March 6, 1946.

Attorney(s) appearing for the Case

Fishburn & Mullendore, of Kansas City, Mo. (Emory L. Groff, of Washington, D. C., and Claude A. Fishburn, of Kansas City, Mo., 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, JACKSON, and O'CONNELL, Associate Judges.

JACKSON, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents, 62 U.S.P.Q. 318, affirming that of the Examiner of Trade-Marks denying registration under the Trade-Mark Act of 1905, 15 U.S.C.A. § 81 et seq., to the expression "Warm-Ever" applied to water heaters using solid fuels, Serial No. 452,451, filed April 20, 1942. Appellant alleged use of the mark in its business from on or about January 1, 1942.

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