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WATSON v. MEAD JOHNSON & COMPANY

No. 13975.

253 F.2d 862 (1958)

Robert C. WATSON, Commissioner of Patents, Appellant, v. MEAD JOHNSON & COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 27, 1958.

Attorney(s) appearing for the Case

Mr. Joseph Schimmel, Atty. U. S. Pat. Off., with whom Mr. Clarence W. Moore, Solicitor, U. S. Pat. Off., was on the brief, for appellant.

Mrs. Bertha L. MacGregor, Englewood, Colo., of the bar of the Supreme Court of Illinois and Colorado, pro hac vice, by special leave of Court, with whom Mr. Ralph H. Hudson, Washington, D. C., was on the brief, for appellee.

Before WILBUR K. MILLER, BAZELON and BURGER, Circuit Judges.

PER CURIAM.

Appellee Mead Johnson & Company sought to register its trademark for an edible (or potable) liquid substance called "Fer-in-Sol", which is used as a dietary supplement. The Patent Office classifies commercial goods, for trademark registration purposes, into some 52 categories or classes (adhesives, fertilizers, vehicles, clothing, etc.). Appellee sought registration for "Fer-in-Sol" in two of these classes, viz., Class 18, Medicines and Pharmaceutical...

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