CONTINENTAL VARNISH CO. v. ALABASTINE CO.

No. 1737.

6 F.2d 717 (1925)

CONTINENTAL VARNISH CO. v. ALABASTINE CO.

Court of Appeals of District of Columbia.

Decided June 1, 1925.


Attorney(s) appearing for the Case

W. L. Morris, of New York City, for appellant.

E. T. Fenwick and C. R. Allen, both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.


ROBB, Associate Justice.

Appeal from a decision of the Patent Office in a trademark opposition proceeding denying appellant's application for the registration of the word "Opaline" as a trade-mark "for varnishes and finishes in the nature of a paint," on the ground that the word is descriptive.

The opposer applies the same mark on mixed paints which the tribunals of the Patent Office have found, and in that finding we concur, may be and have been used for...

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