In re Barrett Co.
In re Barrett Co.
Opinion of the Court
Appellant, the Barrett Company, formerly Barret Manufacturing Company, appeals from the refusal of the Commissioner of Patents to grant registration of a trademark for roofing material consisting of a design formed by horizontal and vertical lines embossed or indented into the material in such manner as to leave the entire surface of the roofing corrugated in squares.
The surface of the goods in this instance does not denote origin or anything which would indicate a trademark use. The corrugated surface is a mere structural feature of the goods, and, as such, the design is not registerable as a trademark. Herz v. Loewenstein, 40 App. D. C. 277.
The decision of the Commissioner of Patents is affirmed, and the clerk is directed to certify these proceedings as by law required. Affirmed.
Reference
- Full Case Name
- IN RE BARRETT COMPANY
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Trademarks ; Registration. Á design applied to the surface of roofing material, and formed by horizontal and vertical lines embossed or indented into the material in such manner as to leave the entire surface corrugated in squares, is a mere structural feature of the goods, and is not registerable as a trademark. (Following Berg v. Loewenstein, 40 App. D. C. 277-)