Estate of P. D. Beckwith, Inc. v. Commissioner,
252 U.S. 538 (1920)

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U.S. Supreme Court

Estate of P. D. Beckwith, Inc. v. Commissioner, 252 U.S. 538 (1920)

Estate of P. D. Beckwith, Inc. v. Commissioner

No. 178

Argued January 23, 1920

Decided April 19, 1920

252 U.S. 538


The Trade-Mark Registration Act declares (§ 5) that no mark by which the goods of the owner may be distinguished from other goods of the same class shall be refused registration on account of the nature of such mark, with certain exceptions, and with the proviso that no mark shall be registered which consists merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods. Held that a mark consisting of a fanciful design in combination with certain words forming part of it was not debarred from registration by reason of the fact that some of the words -- "Moistair Heating System" -- were descriptive; that to require the deletion of such descriptive words because of their descriptive quality as a condition to registration of the mark was erroneous, and that the act would be fully complied with if registration were permitted with an appropriate declaration on the part of the applicant disclaiming any right to the exclusive use of the descriptive words except in the setting and relation in which they appeared in the drawing, description, and samples filed with the application. P. 252 U. S. 543.

While there is no specific provision for disclaimers in the statute, the practice of using them is approved. P. 252 U. S. 545.

Page 252 U. S. 539

The statute should be construed liberally, in fulfillment of it purpose, to promote the domestic and foreign trade of the country. P. 252 U. S. 545.

48 App.D.C. 110 reversed.

The case is stated in the opinion.

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