# In re Abcor Development Corp.

> Court of Customs and Patent Appeals · December 14, 1978 · 588 F.2d 811

URL: https://www.frixlaw.com/law-library/cases/8908307

## Case

- **Full name:** Application of ABCOR DEVELOPMENT CORPORATION, Assignee of Abcor, Inc.
- **Court:** Court of Customs and Patent Appeals
- **Decided:** December 14, 1978
- **Citations:** 588 F.2d 811; 200 U.S.P.Q. (BNA) 215; 1978 CCPA LEXIS 187
- **Precedential status:** Published
- **Opinion:** Concurrence by Baldwin
- **Judges:** Baldwin, Miller, Rich
- **Cited by:** 149 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8908307

## How later opinions describe it (automated extraction)

- holding GASBADGE generic because evidence of the context in which a mark is used on package labels is probative of the reaction of prospective buyers
- affirming the board’s finding that “GAS-BADGE” is merely descriptive of a badge which detects gaseous pollutants

## Opinion text

BALDWIN, Judge,
concurring.
I agree with both the analysis and result reached in the majority opinion and accordingly join therewith.
It appears to me that the mark for which registration is sought not only describes the purpose and function of appellant’s goods, but is also the name of the goods.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8908307. Public record. Not legal advice.