APPLICATION OF COLONIAL STORES INCORPORATED

Patent Appeal No. 7925.

394 F.2d 549 (1968)

Application of COLONIAL STORES INCORPORATED.

United States Court of Customs and Patent Appeals.

April 25, 1968.


Attorney(s) appearing for the Case

Matthew H. Patton, Atlanta, Ga., Kilpatrick, Cody, Robergs, McClatchey & Regenstein, Atlanta, Ga., for appellant.

Joseph Schimmel, Washington, D. C., (S. Wm. Cochran, Washington, D. C., of counsel) for the Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, SMITH and ALMOND, Judges.


ARTHUR M. SMITH, Judge.

The issue here presented is whether one who combines admittedly descriptive words, i. e., "sugar" and "spice," and uses the combined terms as a trademark, may properly be refused registration of the combined terms when applied to goods other than those which are directly described by such words and when an association of a concept foreign to the goods is said to attach to the combined mark. On this record, it is clear that both sugar and spice...

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