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SKELLY OIL CO. v. POWERINE CO.

Patent Appeal No. 3711.

86 F.2d 752 (1936)

SKELLY OIL CO. v. POWERINE CO.

Court of Customs and Patent Appeals.

December 21, 1936.

Attorney(s) appearing for the Case

James Atkins, of Washington, D. C., for appellant.

Harry F. Riley, of Washington, D. C. (G. J. Rollandet, of Denver, Colo., and George C. Shoemaker, of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

The appellant, hereinafter referred to as "applicant," filed its application with the United States Patent Office, for the registration of its trade-mark "Powermax" for gasoline. The appellee, hereinafter referred to as "opposer," opposed the registration on the ground of its prior use and ownership of the trade-mark "Powerine" on identical goods.

The Examiner of Interferences dissected the marks, pointed out that the first two syllables...

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