IN RE WESTERN ELECTRIC COMPANY

IN RE WESTERN ELECTRIC COMPANY. 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.) No. 768. Patent Appeals. Submitted November 11, 1912. Decided December 30, 1912. Hearing on an appeal from a decision of the Commissioner of patents, rejecting an application for the registration of a trademark. Affirmed. The facts are stated in the opinion. Mr. De Witt O. Tanner, Mr. Benjamin R. Johnson> and Mr. Reeve Lewis for the appellant. Mr. R. F. Whitehead for the Commissioner of Patents. [MAJORITY — Mr. Justice Eobb] Mr. Justice Eobb delivered the opinion of the Court: This is an appeal from a decision of the Commissioner of Patents 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.