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APPLICATION OF SWIFT & CO.

Patent Appeal No. 6141.

223 F.2d 950 (1955)

Application of SWIFT & CO.

United States Court of Customs and Patent Appeals.

July 1, 1955.

Attorney(s) appearing for the Case

Roy G. Story, Chicago, Ill., Earl G. Spiker, Washington, D. C., and Edward C. Vandenburgh, Chicago, Ill., for appellant.

E. L. Reynolds, Washington, D. C. (Clarence W. Moore, Washington, D. C., of counsel), for Commissioner of Patents.

Before O'CONNELL, Acting C. J., and JOHNSON, WORLEY, COLE, and JACKSON, retired, Judges.

COLE, Judge.

The Examiner-in-Chief of the United States Patent Office, acting for the Commissioner of Patents, has held that appellant's alleged trade-mark is not registrable on the Principal Register under the Trade-Mark Act of 1946, 15 U.S.C.A. § 1051 et seq. In his opinion so ruling, Ex parte Swift & Company, 100 U.S.P.Q. 36, the alleged mark is described as follows:

"The product on which the mark is used is a household cleanser of the type sold...

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