Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases
U.S. Government Printing Office, 1931
"Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.
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action Affirmed alleged appellant's appellee application base Board of Appeals cause circuit cited claims combination Commissioner of Patents Company comprising confusion connection considered consists constitute construction containing contends counts court Court of Customs cover Customs and Patent Decided decision described descriptive properties determine device disclosed disclosure drawings elements entitled establish evidence Examiner extending fact filed follows Held holding interference invention involved issue machine manufacture March mark material matter means mechanism method opening operation opinion opposer opposition original parties Patent Appeals Patent Office portion position practice present pressure prior art priority proceeding question reason record reduction reference registration rejected relation respective result reversed rubber rule shown shows side similar specification statute surfaces term testimony tion trade trade-mark tribunals United
Сторінка 39 - ... which so nearly resemble a registered or known trade-mark owned and in use by another, and appropriated to merchandise of the same descriptive properties, as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers...
Сторінка 324 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Сторінка 553 - Court certified copies of all the original papers and evidence in the case, and the Commissioner shall furnish the Court with the grounds of his decision, fully set forth in writing, touching all the points involved by the reasons of appeal.
Сторінка 121 - ... no new matter shall be introduced into the specification, nor in the case of a machine patent shall the model or drawings be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the Commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid.
Сторінка 359 - A separate defense may defeat a joint recovery, but it cannot deprive a plaintiff of his right to prosecute his own suit to final determination in his own • way. The cause of action is the subject-matter of the controversy, and that is, for all the purposes of the suit, whatever the plaintiff declares it to be in his pleadings.
Сторінка 246 - That no mark by which the goods of the owner of the mark may be distinguished from other goods of the same class...
Сторінка 554 - This is an appeal, in a trade-mark opposition proceeding, from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing the notice of opposition and holding that appellee was entitled to the registration of the trade-mark "Society" for use on certain articles of clothing, namely, dress shirts, negligee shirts, blouses, boys
Сторінка 245 - Associate Judge. This is an appeal from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing the notice of opposition of appellant, and holding that appellee was entitled to the registration of the trade-mark "Adjust-0-Matie," for use on adjustable and thermostatically controlled electric sadirons — flatirons.
Сторінка 345 - If It appear after a hearing before the examiner that the registrant was not entitled to the use of the mark at the date of his application for registration thereof, or that the mark is not used by the registrant, or has been abandoned, and the examiner shall so decide, the commissioner shall cancel the registration. Appeal may be taken to the commissioner in person from the decision of examiner of interferences.
Сторінка 251 - This is an appeal from a decision of the Commissioner of Patents affirming a decision of the Examiner of Trade-Mark Interferences, sustaining the opposition of appellee to the registration of the trade-mark "Montevano" and denying registration thereof.