# Application of G. D. Searle & Co

> Court of Customs and Patent Appeals · May 12, 1966 · 360 F.2d 650

URL: https://www.frixlaw.com/law-library/cases/9451746

## Case

- **Full name:** Application of G. D. SEARLE & CO.
- **Court:** Court of Customs and Patent Appeals
- **Decided:** May 12, 1966
- **Citations:** 360 F.2d 650; 53 C.C.P.A. 1192
- **Precedential status:** Published
- **Opinion:** Concurrence by Rich
- **Judges:** Rich, Martin, Smith, Almond, Kirkpatrick
- **Cited by:** 14 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/9451746

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9451746. Public record. Not legal advice.