KENSINGTON STEEL CO. v. NICHOLS ENGINEERING & R. CORP.

Patent Appeals No. 5777.

188 F.2d 397 (1951)

KENSINGTON STEEL CO. v. NICHOLS ENGINEERING & RESEARCH CORP.

United States Court of Customs and Patent Appeals.

April 3, 1951.


Attorney(s) appearing for the Case

James R. McKnight, Robert C. Comstock, Chicago, Ill., and Emory L. Groff, Washington, D. C., for appellant.

William L. Edmonston, Washington, D. C. (Raymond J. McElhannon, New York City, and J. Austin Stone, Washington, D. C., of counsel), for appellee.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, JOHNSON, and WORLEY, Judges.


JACKSON, Judge.

This is an appeal in an opposition proceeding from a decision of the Commissioner of Patents affirming that of the Examiner of Interferences dismissing an opposition by appellant to the registration of a trade-mark of appellee which essentially consists of the notation "Nercalloy."

The notice of opposition relates solely to the confusion in trade clause of Section 5 of the Trade-Mark Act of 1905, now 15 U.S.C.A. § 1052.

Appellee...

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