Opinion

Application of G. D. Searle & Co

  • 360 F.2d 650
  • 53 C.C.P.A. 1192
Court
Court of Customs and Patent Appeals
Filed
May 12, 1966
Status
Published
Author
Rich
On the bench
Rich, Martin, Smith, Almond, Kirkpatrick
Cited by
14 cases

holding common descriptive term “the pill” generic despite addition of quotation marks

How later courts described this case

  • holding common descriptive term “the pill” generic despite addition of quotation marks
  • “Where it appears from the evidence that registrability of the term is precluded [due to genericness], inquiry under sections 2(e) and 2(f) is not necessary.”

Written by the judges who cited it.

The opinion

RICH, Acting Chief Judge with whom ALMOND, Judge, joins.

(concurring),

I agree with the refusal of registration for the reasons stated in the opinion of the Trademark Trial and Appeal Board, as amended, as published at 143 USPQ 220 .

The record evidence permits of no conclusion other than that of the board that “the pill” has come to indicate oral contraceptives in pill form, regardless of source, wherefore it cannot serve to distinguish the product of any single producer.

There is no other question to be discussed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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