Vacuum Oil Co. v. Gargoyle Textile Corp.

ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent ^Office in a trade-mark opposition proceeding, dismissing the opposition of appellant to the registration by appellee of the word “Gargoyle,” associated with the representation of a gargoyle as a trade-mark for piece goods of cotton, silk, or- wool, or a combination thereof.

The opposer, appellant here, long prior to the adoption of the mark by applicant, adopted and extensively used substantially the same mark *1003for lubricating and illuminating oils, greases, and waxes, and similar petroleum products. As we remarked in…