Citations
- 185 F.2d 692
Full opinion text
O’CONNELL, Judge.
The record discloses that in May of 194/ an application was presented by appellant to the Patent Office in accordance with the provisions of the Trade-Mark Act of 1905, now 15 U.S.C.A. § 1051 et seq., to register the trade-mark “Nu-Die” for use on steel rods, bars, plates, billets, slabs, blocks, and forgings. It was alleged the mark had been continuously used by appellant on the goods specified since June 11, 1940.
rp, . , i . . . ,, I he examiner refused registration of the , r ,, . . . ,1 ^ ,, , mark for the stated reason that the mark was regarded as merely descriptive of the merchandise to which the mark was attached. Registration was further refused at that time by the examiner in view of its alleged confusing similarity to the previously registered trade-mark “Uni-Die” granted in April of 1933 for use on tool steel upon an application filed by the Colrnnbia Tool Steel Company, which not only alleged continuous use of the mark on the goods in question since November 19, 1931, but also disclaimed the word “Die” apart from its mark as shown in the application.
Appellant petitioned for reconsideration urging not only that appellant had not understood the examiner’s rejection on the ground that the mark was regarded as merely descriptive of the merchandise but , . .. <