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EUREKA WILLIAMS CORP. v. WILLOUGHBY MACH. & TOOL CO.

Patent Appeal No. 5835.

194 F.2d 543 (1952)

EUREKA WILLIAMS CORP. v. WILLOUGHBY MACH. & TOOL CO.

United States Court of Customs and Patent Appeals.

Rehearing Denied March 14, 1952.

Attorney(s) appearing for the Case

E. J. Balluff, Detroit, Mich. (Francis D. Thomas, Washington, D. C., of counsel), for appellant.

Michael Williams, Warren, Ohio (Russel N. Low, Washington, D. C., of counsel) for appellee.

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

O'CONNELL, Judge.

This opposition was instituted in the Patent Office on January 10, 1948, by appellant, owner of the trade-mark "Oil-O-Matic," against appellee, owner of the mark "Thermomatic," which appellee sought to register and apply in the sale of gas conversion burners having automatic and thermostatic controls. Appellant's mark had been previously registered and used by it and its predecessor in interest since June 16, 1925, and applied throughout the nation...

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