Court of Appeals for the D.C. Circuit June 26, 1958, 14306_1 (Marcalus Manufacturing Company, Inc. v. Robert C. Watson, Commissioner of Patents)

PER CURIAM.

Appellant sold paper products in wrappers which bore a maroon oval with the registered name “Marcal” and other words superimposed in the oval in white letters. This case arose when appellant sought to i-egister the maroon oval by itself, without any wording.

1

The Patent Office refused registration, and appellant filed an action in the District Court under 15 U.S.C. § 1071, 15 U.S.C.A.