Lanolin Plus Cosmetics, Inc. v. Marzall, Commissioner of Patents

196 F.2d 591, 93 U.S.P.Q. (BNA) 126, 90 U.S. App. D.C. 349, 1952 U.S. App. LEXIS 4299

• Court: Court of Appeals for the D.C. Circuit
• Decided: April 17, 1952
• Docket: 11207
• Status: Published

Opinion

PER CURIAM.

Appellant sued under R.S. § 4915, 35 U.S.C.A. § 63, to register Lanolin Plus as a trade mark for soap and cosmetics. The Patent Office and the District Court held that as applied to such articles the mark is “descriptive” and therefore not entitled to registration under the Trade Mark Act of 1905, § 5, 33 Stat. 725-726, 15 U.S.C.A. § 85(b). 1 Appellant appears to be right in its contention that a number of similar trade marks which the Patent Office has registered are equally descriptive. But the fact that the Office has erred in those instances does not mean it should err in this one.

Affirmed.

1 . The Patent Office proceeding was begun before July 5, 1947. Section 2e of the Trade Mark Act of 1946, 60 Stat. 429, 15 U.S.C.A. § 1052(e), is not applicable to “any suit, proceeding, or appeal then pending.” 60 Stat. 444. Both the old Act and the new use the word “descriptive”.