United States Supreme Court Cases & Opinions

U.S. Supreme Court

American Steel Founderies v. Robertson, 262 U.S. 209 (1923)

American Steel Founderies v. Robertson

No. 291

Argued April 19, 1923

Decided May 21, 1923

262 U.S. 209

Syllabus

1. Under § 9 of the Trade Mark Act, which provides that an applicant for registration of a trademark, if dissatisfied with the decision of the Commissioner of Patents, may appeal to the Court of Appeals of the District of Columbia, on complying with the conditions required in case of an appeal from the decision of the Commissioner by an applicant for a patent, and that "the same rules of practice and procedure shall govern in every stage of such proceedings, as far as the same may be applicable," a party whose application for registration of trademark has been rejected by the Commissioner and the Court of Appeals has the remedy by bill in equity granted to unsuccessful applicants for patent by Rev.Stats., § 4915. P. 262 U. S. 212.

2. Held that the District Court for the Northern District of Illinois had jurisdiction of this suit, against the Commissioner of Patents and an intervening party, to determine the plaintiff's right to have a trademark registered.

Reversed.

Page 262 U. S. 210

Appeal from a decree of the district court dismissing a bill for registration of trademark for lack of jurisdiction.