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SEARS, ROEBUCK AND CO. v. HAYMER

Patent Appeal No. 6412.

263 F.2d 348 (1959)

SEARS, ROEBUCK AND CO., Appellant, v. Goldie HAYMER, doing business under the trade name and trade style of Goldie Haymer Manufacturing Company, Appellee.

United States Court of Customs and Patent Appeals.

February 5, 1959.

Attorney(s) appearing for the Case

Frank H. Marks, Chicago, Ill. (Ivan P. Tashof, New York City, of counsel), for appellant.

Daniel H. Bobis, Harrison, N. J. (Albert W. Rinehart, Washington, D. C., of counsel), for appellee.

Before WORLEY, Acting Chief Judge, and RICH, MARTIN, and JOHNSON (retired), JJ.

WORLEY, Acting Chief Judge.

This is an appeal from the decision of the Commissioner of Patents, acting through the Assistant Commissioner, affirming the decision of the Examiner of Interferences dismissing an opposition by appellant to an application of appellee for registration of "Glo-Ray" as a trademark for hairdressing containing lanolin as an ingredient. The opposition was based on appellant's ownership and use of "Glow" as a trademark for shampoos.

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