LOOSE-WILES BISCUIT CO. v. JOHNSON EDUCATOR FOOD CO.

LOOSE-WILES BISCUIT CO. v. JOHNSON EDUCATOR FOOD CO. (Court of Appeals of District of Columbia, submitted November 13, 1925. Decided December 7, 1925. Motion for Rehearing Denied December 19, 1925.) No. 1773. Trade-marks and trade-names and unfair competition <@=»43 — “Cookieland” held not descriptive, within meaning of Trade-mark Act. “Cookieland” held not descriptive, within meaning of Trade-mark Act (Comp. St. 9485 et seq.), so as to prevent its registration as trade-mark for cookies and biscuits. Appeal from Commissioner of Patents. Proceeding by the Johnson Educator Pood Company for registration of trademark, opposed by the Loose-Wiles Biscuit Company. Prom a decision of the Commissioner of Patents, granting registration, opposer appeals. Affirmed. I. U. Townsend, Jr., of Boston, Mass., A. D. Adams, of Washington, D. C., and P. L. Emery, of Boston, Mass., for appellant. Henry Cal ver, of Washington, D. C., for appellee. Before MARTIN, Chief Justice, ROBB, Associate Justice, and SMITH, Judge of the United States Court of Customs Appeals. [MAJORITY — ROBB, Associate Justice.] ROBB, Associate Justice. Appeal from concurrent decisions of the Patent Office dismissing appellant’s opposition to the registration by appellee of the word “Cookieland” as a trade-mark for cookies, crackers, cakes, and biscuits. Appellant does not use this mark as a trade-mark, but bases its opposition upon the contention that the word is descriptive. We agree with the Patent_Office that “Cookie-land” is not descriptive, within the meaning of the Trade-mark Act (33 Stat. 724 [Comp. St. § 9485 et seq.]), and hence that it is registrable to the appellee. Decision affirmed. Affirmed.