Sears, Roebuck and Co. v. Leo C. Hofman

WORLEY, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, acting for the Commissioner, reversing *954the decision of the Examiner of Interferences, and holding appellee entitled to registration of the mark “Royal Plumage” as applied to hosiery, over the opposition of appellant’s prior registration and use of its mark “Royal Purple” also for hosiery. The record consists of a stipulation of facts together with certain exhibits. We quote therefrom with respect to appellant’s mark:

“Sears adopted and began using a trade-mark comprising the words ‘Royal Purple’, in…