# Application of Esso Standard Oil Company

> Court of Customs and Patent Appeals · August 2, 1962 · 305 F.2d 495

URL: https://www.frixlaw.com/law-library/cases/9448677

## Case

- **Full name:** Application of ESSO STANDARD OIL COMPANY
- **Court:** Court of Customs and Patent Appeals
- **Decided:** August 2, 1962
- **Citations:** 305 F.2d 495; 49 C.C.P.A. 1351
- **Precedential status:** Published
- **Opinion:** Concurrence by Martin
- **Judges:** Worley, Rich, Martin, Smith, Kirkpatrick
- **Cited by:** 3 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/9448677

## Opinion text

MARTIN, Judge
(concurring).
Although I believe the design at bar is capable of being a trademark, I do not think it is inherently distinctive. However, I feel that sufficient evidence has been introduced to establish that the design has become distinctive of applicant’s goods in commerce.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448677. Public record. Not legal advice.