Application of Ada Milling Co

O’CONNELL, Judge

(dissenting).

The law is thoroughly established in this and other federal jurisdictions that trademarks are nonregistrable whenever they consist of a combination of words, such as we have here, each word of which is individually nonregistrable under the mandate of the statute. In re Midy Laboratories, Inc., 104 F.2d 617, 26 C.C.P.A., Patents, 1294; Kimberly-Clark Corporation v. Mar-zall, 90 U.S.App.D.C. 409, 196 F.2d 772. In the cases just cited the respective courts properly rejected the proposition now advanced here that words nonregistrable separately or standing alone become registrable if combined, on the theory that trademarks cannot be dissected and must be considered as a whole, irrespective of the character of their constituent parts. Moreover, appellant has unlawfully incorporated as the dominant part of its mark the essential features of the previously registered mark “Lay-au-Grow” for goods of the same kind of goods. Carmel Wine Co. v. California Winery, 38 App.D.C. 1; In re Fleet-Wing Corp., 188 F.2d 476, 38 C.C.P.A., Patents, 1039.