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In re General Electric Broadcasting Co.

199 U.S.P.Q. 560 (1978)

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In re General Electric Broadcasting Co.

United States Trademark Trial and Appeal Board
199 U.S.P.Q. 560 (1978)

Facts

General Electric Broadcasting Company, Inc. (GE) (plaintiff) owned a radio station in Boston with the call letters WJIB. GE applied to register a service mark consisting of a series of bells tolled to mark the time, the sound of which originated from the U.S.S. Constitution. The United States Patent and Trademark Office examiner (defendant) refused the registration because the sound of tolling maritime bells as a means of announcing the time was not subject to exclusive appropriation by GE and, therefore, could not constitute a service mark. GE appealed.

Rule of Law

Issue

Holding and Reasoning (Lefkowitz, J.)

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