In re ALVAH BUSHNELL CO.

In re ALVAH BUSHNELL CO. (Court of Appeals of District of Columbia. Submitted November 11, 1910. Decided December 1, 1919.) No. 1248. 1. Trade-marks and trade-names <®=>11 — “Satos T Seal” cannot be registered as trade-mark for envelopes. The word symbol “Safe T Seal,” as a trade-mark for envelopes, etc., cannot be registered, in view of prior patents for safety envelopes, and relating to a safety seal for envelopes, since it must be assumed that the patented goods are known as safety envelopes, or safety seal envelopes. 2. Trade-marks and trade-names <§»3(4) — “Safe T Seal” as trade-mark FOR ENVELOPES IS DESCRIPTIVE, WITIIIN PROHIBITION OF TRADE-MARK ACT. The word symbol “Safe T Seal,” as a trade-mark for envelopes, wallets, etc., would identify the goods on which it was used as either safety seal envelopes or safe seal envelopes, and is not entitled to registration, because descriptive, within Trade-Mark Act, § 5 (Comp. St. § 9190). (®s»For other cases see same topic & KEY-NUMBDR in all Key-Numbered Digests & Indexes Appeal from a Decision by the Commissioner of Patents. Application by the Alvah Bushnell Company to register a trade-mark. From a decision of the Commissioner of Patents, refusing registration, the applicant appeals. Affirmed. F. T. Fenwick, I,. L. Morrill, and C. R. Allen, all of Washington, D. C., for appellant. T. A. Hostetler, of Washington, D. C., for appellee. [MAJORITY — VAN ORSDFD, Associate Justice.] VAN ORSDFD, Associate Justice. This appeal is from the decision of the Commissioner of Patents refusing registration of the word symbol “Safe T Seal” as a trade-mark for envelopes, wallets, letter files, jackets, etc. Counsel for the Commissioner discloses the existence of patent to D’Agostina, dated February 8, 1916, for safety envelopes, and also patent to Halloran, dated July 25, 1905, which is described as relating “to a safety seal for envelopes.” It must be assumed that the goods of the respective patentees are known to the trade as “safety envelopes,” or “safety seal envelopes.” This designation, having been established, by virtue of the patents, even if arbitrary, would not be available as a trade-mark for either of the patentees for goods of the same class as those patented. It follows that, if by their use the marks could not be registered as trade-marks by the persons first applying them to the patented articles, a stranger could not adopt either of them as a trade-mark for the same class of goods. Treating the mark independently, the test here is the impression which it would make upon the public. It is clear that the trade would identify the goods bearing the mark either as safety seal envelopes or safe seal envelopes. In either case the mark is descriptive of the goods, and comes within the prohibition of section 5 of the Trade-Mark Act of February 20, 1905 (33 Stat. 725, c. 592 [Comp. St. § 9490]). The decision of "the Commissioner of Patents is affirmed, and the clerk is directed to certify these proceedings as required by law. Affirmed,