California Packing Corp. v. Price-Booker Mfg. Co.

SMYTH, Chief Justice.

This is an opposition proceeding. The appellee applied to the Commissioner of Patents for registration of the word “Mission,” accompanied by a representation of a mission housé as a trade-mark for flavoring extracts for foods, mustard, tomato cat-sup, relishes made of chopped and ground pickles packed in spices and vinegar, chow chow, salad dressing, and vinegar. The mark is affixed to the goods or the containers thereof. The apoellant uses substantially the same mark on canned fruits, canned vegetables, foods, and ingredients of foods, and the mark is applied to cans or…