“[I]t appears from the record that in appellant’s registration it was stated that ‘No claim is made to the individual syllables of the mark, each apart from the other.’ That statement amounts to saying that the mark as a whole is merely descriptive of the goods upon which it was used.”
How later courts described this case
- “[I]t appears from the record that in appellant’s registration it was stated that ‘No claim is made to the individual syllables of the mark, each apart from the other.’ That statement amounts to saying that the mark as a whole is merely descriptive of the goods upon which it was used.”
- KWIXTART is the phonetic spelling of “quick start” which “was intended to describe merely that appellant’s battery would start a motor or engine quickly.”
- KWIXTART merely descriptive for electric storage batteries
Written by the judges who cited it.
The opinion
BLAND, Associate Judge
(specially concurring).
I agree with the holding of the court that “Kwixtart” is descriptive within the prohibition of either the 1905 act or the 1946 act.
I also agree that Congress, by the omission of the words, “or of the character or quality of such goods,” did not intend to change the meaning which had heretofore been given to the language of the 1905 act with reference to descriptiveness.
*609 Therefore I agree that the mark should be canceled. This holding would have decided all the issues necessary to decide, and, in my judgment, the question as to the applicability of the 1946 act is obiter. I think the court, in view of the probability of similar questions being raised frequently in the future, should be unwilling to pass upon this question until it is absolutely necessary.
Therefore I do not wish to express or intimate any view as to whether or not the new act applies in respects with which we are here concerned or in other respects.