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MARCALUS MANUFACTURING CO. v. WATSON

Civ. A. No. 5513-55.

156 F.Supp. 161 (1957)

MARCALUS MANUFACTURING CO., Inc., Plaintiff, v. Robert C. WATSON, Commissioner of Patents, Defendant.

United States District Court District of Columbia.

November 1, 1957.

Attorney(s) appearing for the Case

J. Preston Swecker, William L. Mathis, Washington, D. C., and Robert F. Beck, Patterson, N. J., on behalf of plaintiff.

C. W. Moore, Solicitor, U. S. Patent Office, Washington, D. C., for defendant.

HOLTZOFF, District Judge.

This is an action against the Commissioner of Patents to review his denial of an application made by the plaintiff for the registration of a trademark. The trademark in question consists of an oval of a maroon color. Nothing is written or printed on the trademark, and no other figure or matter is superimposed on it. The question is whether a maroon oval and nothing else, may be registered as a trademark in behalf of the plaintiff.

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