Williams Evangeline Confection Co. v. U. R. S. Candy Stores, Inc.

SMYTH, Chief Justice.

This is an interference proceeding, in which are involved two applications — one by the appellant, and the other by the appellee — -for registration of the word “Evangeline” as a trade-mark for candies. The Examiner of Interferences held that neither party was entitled to registration, because, as he found, the claimed mark was owned and used by Fuerst & Kraemer, Limited, a corporation, long before either of the applicants had adopted it. From his decision the Williams Evangeline Confection Company, but not the U. R. S. Candy Stores, Inc., appealed to the Commissioner of…