Legal Opinion

Pep Boys-Manny, Moe and Jack v. Edwin F. Guth Co.

Court of Customs and Patent Appeals

Decided June 24, 1952No. Patent Appeal 5864PublishedCited by 8 opinions

1Opinion of the Court

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 88 USPQ 24, affirming the decision of the Examiner of Trade-Mark Interferences dismissing appellant’s notice of opposition to the registration by appellee, under the Trade-Mark Act of 1946, commonly known as the Lanham Act, 15 U.S.C.A. § 1051 et seq., of the word “Cadet” as a trade-mark for electric lighting fixtures.

Appellee alleged July 1, 1944 as the date of first use-of the involved mark in commerce among the several states. - The application was examined and…

2Cases cited5 opinions

  1. Alligator Co. v. Larus & Brother Co. IncCourt of Customs and Patent Appeals · 1952
  2. White Co. v. Vita-Var CorporationCourt of Customs and Patent Appeals · 1950
  3. Goldsmith Bros. v. Atlas Supply Co.Court of Customs and Patent Appeals · 1945
  4. Williams Oil-O-Matic Heating Corp. v. Westinghouse Electric & Mfg. Co.Court of Customs and Patent Appeals · 1932
  5. Norma-Hoffmann Bearings Corp. v. HufnagelCourt of Customs and Patent Appeals · 1941

3Cited by8 opinions

  1. Master, Wardens, Searchers, Assistants and Commonalty of Co. Of Cutlers in Hallamshire, York County v. Cribben & Sexton CoCourt of Customs and Patent Appeals · 1953
  2. Schnur & Cohan, Inc. v. Academy of Motion Picture Arts and SciencesCourt of Customs and Patent Appeals · 1955
  3. Fred W. Amend Co. v. American Character Doll Co.Court of Customs and Patent Appeals · 1955
  4. Application of Sylvan Sweets CoCourt of Customs and Patent Appeals · 1953
  5. Sprayed Insulation, Inc. v. Sprayo-Flake Co.Court of Customs and Patent Appeals · 1952

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