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THREE IN ONE OIL CO. v. ST. LOUIS RUBBER CEMENT CO.

Patent Appeals No. 3672.

87 F.2d 479 (1937)

THREE IN ONE OIL CO. v. ST. LOUIS RUBBER CEMENT CO., Inc.

Court of Customs and Patent Appeals.

January 25, 1937.

Attorney(s) appearing for the Case

Edward S. Rogers, James F. Hoge, and L. B. Stoughton, all of New York City, Francis L. Browne, Dudley Browne, and Thomas L. Mead, Jr., all of Washington, D. C., for appellant.

Mason, Fenwick & Lawrence, of Washington, D. C. (Edward G. Fenwick, Edward T. Fenwick, and Charles R. Fenwick, all of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

The St. Louis Rubber Cement Company, Inc., appellee, filed an application in the United States Patent Office for the registration of the trade-mark "3 In 1," which it alleged it had continuously used in its business since 1907, upon a combination adhesive cement.

The Three In One Oil Company, appellant, filed an opposition to the registration of said mark, alleging the use of the same mark since 1894 on oil used in and about homes,...

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