Alumatone Corporation v. Vitavar Corporation

On February 16, 1944, appellant filed its application, serial No. 474,264, to register its trade-mark “ALUMATONE,” as applied to “Heady Mixed Aluminum Paint, Primers and Oil Paints,” pursuant to the Trade-Mark Act of February 20, 1905. It was stated in the application that the trade-mark had been continuously used and applied to appellant’s goods in its business since August 1, 1939.

*1153The application was examined and passed for publication in compliance with Section 6 of the act, and published in the Official Gazette of January 9, 1945.

Subsequent to the said publication, on February 6, 1945,…