STANDARD OIL CO. v. ALDEN SPEARE'S SONS CO.

Patent Appeal No. 5295.

163 F.2d 572 (1947)

STANDARD OIL CO. OF NEW JERSEY v. ALDEN SPEARE'S SONS CO.

Court of Customs and Patent Appeals.

June 3, 1947.


Attorney(s) appearing for the Case

Thomas L. Mead, Jr., of Washington, D. C., for appellant.

John E. R. Hayes, of Boston, Mass., for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.


JACKSON, Associate Judge.

Appellee filed in the United States Patent Office an application, Serial No. 462,237, dated July 22, 1943, for registration of its trade-mark "Kutkon," superimposed upon the depiction of a spear, as applied to a cutting lubricant.

Appellant opposed the registration as being likely to cause confusion in trade under section 5 of the Trade-Mark Act of 1905, 15 U.S.C.A. § 85, relying upon its use of the trade-mark "Kutwell" as applied...

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