Kensington Steel Co. v. Nichols Engineering & Research Corp.

JACKSON, Judge.

This is an appeal in an opposition proceeding from a decision of the Commissioner of Patents affirming that of the Examiner of Interferences dismissing an opposition by appellant to the registration of a trade-mark of appellee which essentially consists of the notation “Nercalloy.”

The notice of opposition relates solely to the confusion in trade clause of Section 5 of the Trade-Mark Act of 1905, now T5 U.S.C.A. § 1052.

Appellee’s application for registration was passed for publication and appeared in the Official Gazette of September 16, 1947. In the application it was alleged…