Prince Matchabelli, Inc. v. De Botelho

This is an appeal by Prince Matchabelli, Inc. (hereinafter generally referred to as opposer) from the decision of the Commissioner of' Patents (speaking through an assistant commissioner) reversing the *749decision of the Examiner of Interferences who sustained opposer’» notice of opposition- to an application of Martin de Botelho (hereinafter generally referred to as applicant) for registration of a composite mark for various toilet preparations.

It is conceded that the goods of the respective parties are of the same descriptive properties and the ultimate issue in the controversy relates to the…