In re Maclin-Zimmer-McGill Tobacco Co., Inc.

Decision Date05 January 1920
Docket Number1241.
Citation262 F. 635
PartiesIn re MACLIN-ZIMMER-McGILL TOBACCO CO., Inc.
CourtU.S. Court of Appeals — District of Columbia Circuit

Submitted November 10, 1919.

T. A. Hostetler, of Washington, D.C., for appellee.

ROBB, Associate Justice.

Appeal from a Patent Office decision refusing registration to the words 'El Gallo,' as a trade-mark for tobacco.

'El Gallo' is the Spanish for 'The Rooster,' and it appears that 'Our Rooster' and a picture of a rooster have been registered as a trade-mark for tobacco by another concern. In Nestle & A. S. C. Milk Co. v. Walter Baker & Co., 37 App.D.C. 148, 152, we ruled that 'Milkmaid' and a pictorial representation of a milkmaid meant the same to the public, and that the 'right to employ one necessarily includes the right to employ both. ' It matters not that appellant has employed the Spanish language, instead of English. In re Bradford Dyeing Ass'n, 46 App.D.C. 512.

The decision was right, and is affirmed.

Affirmed.

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4 cases
  • In re Riverbank Canning Co.
    • United States
    • U.S. Court of Customs and Patent Appeals (CCPA)
    • April 4, 1938
    ...as a trade-mark has the same effect as the use of a picture, if the word means the same as the picture. In re Maclin-Zimmer-McGill Tobacco Co., Inc., 49 App.D.C. 181, 262 F. 635; Nestle & Anglo-Swiss Condensed Milk Co. v. Walter Baker & Co., Limited, 37 App.D.C. 148; J. P. Heilbronn Co. v. ......
  • Shunk Manufacturing Co. v. Tarrant Manufacturing Co.
    • United States
    • U.S. Court of Customs and Patent Appeals (CCPA)
    • June 10, 1963
    ...between two marks. Weyenberg Shoe Manufacturing Co. v. Hood Rubber Co., 49 F.2d 1046, 18 CCPA 1449; In re Maclin-Zimmer-McGill Tobacco Co., Inc., 49 App.D.C. 181, 262 F. 635. See also In re Riverbank Canning Company, 95 F.2d 327, 25 CCPA 1028, 1030, and cases there Appellant contends that "......
  • Pink Lady Corporation v. RENAULT & SONS, INC.
    • United States
    • U.S. Court of Customs and Patent Appeals (CCPA)
    • April 22, 1959
    ...between two marks. Weyenberg Shoe Manufacturing Co. v. Hood Rubber Co., 49 F.2d 1046, 18 CCPA 1449; In re Maclin-Zimmer-McGill Tobacco Co., Inc., 49 App.D.C. 181, 262 F. 635. See also In re Riverbank Canning Company, 95 F.2d 327, 25 CCPA 1028, 1030, and cases there cited. Accordingly, the m......
  • Stephens-Adamson Mfg. Co., Application of
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • January 5, 1920

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