In re Lindsborg Milling & Elevator Co.

District of Columbia Circuit Court of Appeals

Submitted November 17, 1925.

Decided April 5, 1926.)

District of Columbia Circuit Court of Appeals · decided 1926-04-05

2 counsel of record

Relies on In re Mason Tire & Rubber Co.

Decided 1926-04-05

¶1E. T. Fenwick and C. R. Allen, both of Washington, D. C., for appellant.

¶2T. A. Hostetler, of Washington, D. C., for Commissioner of Patents.

¶3Before MARTIN, Chief Justice, ROBB, Associate Justice, and SMITH, Judge of the United States Court of Customs Appeals.

¶4SMITH, Acting Associate Justice.

¶5This is an appeal from the decision of the Commissioner holding that the words “Safety First” were the insignia of the National Council for Industrial Safety, and that they were not registerable under section 5 of the Act of February 20, 1905 (Comp. St. § 9490).

¶6The facts and the questions raised in this case are substantially the same as those passed upon by this court in the Matter of the Application of the Mason Tire & Rubber Co., Patent Appeal No. 1784, 11 F.(2d) 556, decided March 1, 1926, and on the authority of that case the decision of the Commissioner is affirmed.