In re Gotham Silk Hosiery Co.

MARTIN, Chief Justice.

Appeal from a decision refusing registration of a trademark applied for by appellant.

The appellant company applied for registration of its alleged trade-mark for hosiery, “consisting of a colored stripe of a narrow width woven in a stocking at a point adjacent where the upper welt of the stocking joins the body of the same, and parallel thereto, the color of the stripe being distinctively different from that of the stocking.” Continuous use of' the trade-mark since March, 1911, was alleged by applicant. Applicant also cited a former registration, granted it in February,…