Standard Oil Co. of New Jersey v. Alden Speare's Sons Co.

Appellee filed in the United States Patent Office an application, Serial No. 462,237, dated July 22, 1943, for registration of its trademark “KUTKON,” superimposed upon the depiction of a spear, as applied to a cutting* lubricant.

Appellant opposed the registration as being likely to cause confusion in trade under section 5 of the Trade-Mark Act of 1905, relying* upon its use of the trade-mark “KUTWELL” as applied to soluble cutting oil, cutting oil and lubricating oils and greases.

The case was submitted upon an agreed statement of facts in which it is disclosed that appellant is the prior…