IN RE I. LEWIS CIGAR MFG. CO., 40 C.C.P.A. 1072

Summary

Appellant applied for registration under the provisions of 15 U.S.C.S. §1052(e) of a notation as applied to its cigars by being printed on wrappers enclosing the cigars and also on labels pasted on the cigar boxes. Registration was denied on the ground that the mark was primarily merely a surname. The examiner refused registration on the ground that the name constituted the dominant and significant feature of the mark. Upon appeal to the Commissioner of Patents the appellant contended that the involved mark was not primarily merely a surname because of the additions of the single initial and the terminal portion "& Co's." together with the distinctive fashion in which they were printed. The commissioner rejected those contentions and appellant filed an appeal. The court held that the mark was clearly a surname that could have no other meaning or significance than that of a surname. The addition of the single initial was not sufficient to remove it from that category. Further, the ...