In re Midwest Oil Co.

SMITH, Acting Associate Justice.

The Midwest Oil Company applied to 'the Commissioner of Patents for the registration of the word “Avio” as its trade-mark for lubricating oils, greases, gasoline, and kerosene, which trade-mark the applicant claimed to have used continuously in its business ever since April 5, 1919. The Examiner of Trade-Marks held that the dominant feature of the mark sought to be registered was similar to the mark “Aviolina,” previously registered by the Atlantic Refining Company for goods of the same kind as those carrying the mark of the applicant, and therefore denied…