Sprayed Insulation, Inc. v. Sprayo-Flake Co.

O’CONNELL, Judge.

This is an appeal in a cancellation proceeding from the decision of the Commissioner of Patents, acting through the Assistant Commissioner, Honorable Ernest F. Klinge, who affirmed that of the Examiner of Interferences, 90 U.S.P.Q. 139. Those concurring decisions sustained appellee’s petition to cancel appellant’s registration of the mark “Spraykote,” 1 issued December 24, 1946, under the Act of March 19, 1920, 41 Stat. 533, on the ground that appellant’s mark was confusingly similar to the una-bandoned mark “Spray-Cote,” previously owned and continuously used by appellee in…