Postum Cereal Co. v. Farmers' Mill & Elevator Ass'n

VAN ORSDEL, Associate Justice.

Appellant, Postum Cereal Company, the owner of the registered trade-mark “Grape-Nuts,” used as a name for cereal breakfast food, filed an opposition to the registration by appellee, Farmers’ Mill & Elevator Association, of the words “Wheat-Nut” as a name for cereal breakfast foods. From the decision of the Commissioner, dismissing the opposition, this appeal is taken.

It appears that since 1897 appellant company and its predecessor have been manufacturing and putting on the market the breakfast food made of wheat and barley under the trade-mark name of…