NATIONAL BISCUIT CO. v. SHERIDAN

Patent Appeal No. 2516.

44 F.2d 987 (1930)

NATIONAL BISCUIT CO. v. SHERIDAN.

Court of Customs and Patent Appeals.

December 1, 1930.


Attorney(s) appearing for the Case

C. A. Vilas and P. W. Mosher, both of New York City (Paul A. Blair and J. Harold Kilcoyne, both of Washington, D. C., of counsel), for appellant.

Eugene E. Stevens, of Washington, D. C., for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.


BLAND, Associate Judge.

Appellant has appealed from the decision of the Commissioner of Patents, dismissing an opposition filed by appellant, and holding that appellee was entitled to the registration of a trade-mark for which he made application in the Patent Office.

The opposition is based on the so-called "confusion in trade" clause of section 5 of the Trade-Mark Act of 1905 (15 USCA § 85), on the ground that appellee's proposed trade-mark so nearly...

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