Crown Overall Mfg. Co. v. Desmond's

JOHNSON, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents affirming the decision pf the Examiner of Interferences dismissing appellant’s notice of opposition to appellee’s registration of the notation “Flexi-Crown” as a trademark for “Military Caps,” and holding that appellee was entitled to register the mark under Section 5 of the Trade-Mark Act of 1905, 33 Stat. 725. The word “Crown” has been disclaimed.

Appellee alleges use of its mark on its goods since August 1, 1941.

Appellant alleges in its notice of opposition that it is the owner and prior user of two…