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CELOTEX CO. v. MILLINGTON

Patent Appeal No. 2770.

49 F.2d 1053 (1931)

CELOTEX CO. v. MILLINGTON.

Court of Customs and Patent Appeals.

June 1, 1931.

Attorney(s) appearing for the Case

Charles M. Thomas, of Washington, D. C., Samuel E. Darby, Jr., and John S. Bradley, both of New York City, and William E. Seaver, of Washington, D. C., for appellant.

Cushman, Bryant & Darby, of Washington, D. C. (Arlon V. Cushman, Arthur L. Bryant, and John J. Darby, all of Washington, D. C., of counsel), for appellee.

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

GRAHAM, Presiding Judge.

The appellee filed an application on June 2, 1928, for the registration of the mark "Fir-Tex," to be used in connection with the sale of wood-fibre board. The appellant, the Celotex Company, filed opposition thereto, basing such opposition upon its use and ownership of the trade-mark "Celotex," used on goods of the same descriptive properties. The Examiner of Interferences dismissed the opposition and granted registration, and this decision...

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