In re Western Electric Co.

U.S. Court of Appeals for the D.C. Circuit December 30, 1912

In re Western Electric Co., 39 App. D.C. 420 (D.C. Cir. 1912)

1912 U.S. App. LEXIS 2247

Eobb

Opinion of the Court

Mr. Justice Eobb

delivered the opinion of the Court:

This is an appeal from a decision of the Commissioner of *421Patents refusing to register the word “Inter-phone” as a trademark for telephone switching apparatus.

We agree with the Commissioner that the mark is descriptive of the character of the goods upon which it is used, and hence within the prohibition of sec. 5 of the trademark act. Winchester Repeating Arms Co. v. Peters Cartridge Co. 30 App. D. C. 505; Re Central Consumers Co. 32 App. D. C. 523 j Re Freund Bros. & Co. 31 App. D. C. 109. It is apparent from an examination of appellant’s application for registration and an analysis of the mark, that it was selected because it so aptly indicates to the public the use to which the goods hearing it are-to he put. The decision is affirmed. Affirmed.

Reference

Full Case Name: IN RE WESTERN ELECTRIC COMPANY
Status: Published
Syllabus: Trademarks ; Descriptive Words. “Inter-phone,” as a trademark for a telephone switching apparatus, indicates the use to which the goods bearing it are to be put; and so being descriptive of the character of the goods, is not registerable 'as a trademark, under sec. 5 of the trademark act of Congress. (Following Winchester Repeating Arms Co-, v. Peters Cartridge Co-. 30 App. D. C. 505; Re Central-Consumers Co-. 32 App. D. C. 523; Re Freumd Bros, cfi Co. 37 App. D. C. 109.)