Oppenheim, Oberndorf & Co. v. President Suspender Co.

MARTIN, Chief Justice.

The appellant, Oppenheim, Obemdorf & Co., Ine., applied for the registration by the Patent Office of the word “President” as its trade-mark for certain articles of clothing. It appeared, however, that in fact it had used the mark only in the sale of men’s underwear and men’s dress, negligee, and work shirts; its application, therefore, has been treated in the record as if confined to those classes of articles only.

Tho appellee, the President Suspender Company, a corporation, filed an opposition to the application, based upon two several contentions, to wit: First, that…