Estate of P. D. Beckwith, Inc. v. Commissioner, 252 U.S. 538 (1920)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 252 U.S. 523, click here.

Estate of P. D. Beckwith, Inc. v. Commissioner

No. 178

Argued January 23, 1920
Decided April 19, 1920
252 U.S. 538

CERTIORARI TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

The Trade-Mark Registration Act declares (§ 5) that no mark by which the goods of the owner may be distinguished from other goods of the same class shall be refused registration on account of the nature of such mark, with certain exceptions, and with the proviso that no mark shall be registered which consists merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods. Held that a mark consisting of a fanciful design in combination with certain words forming part of it was not debarred from registration by reason of the fact that some of the words -- "Moistair Heating System" -- were descriptive; that to require the deletion of such descriptive words because of their descriptive quality as a condition to registration of the mark was erroneous, and that the act would be fully complied with if registration were permitted with an appropriate declaration on the part of the applicant disclaiming any right to the exclusive use of the descriptive words except in the setting and relation in which they appeared in the drawing, description, and samples filed with the application. P. 543.

While there is no specific provision for disclaimers in the statute, the practice of using them is approved. P. 545.

The statute should be construed liberally, in fulfillment of it purpose, to promote the domestic and foreign trade of the country. P. 545.

48 App.D.C. 110 reversed.

The case is stated in the opinion.