F. Jacobson & Sons, Inc. v. Jaybern Fabrics, Inc.

WORLEY, Judge.

This is an appeal from the decision of the Commissioner of Patents, 87 U.S.P.Q. 114, in a trade-mark opposition proceeding in which the commissioner reversed the decision of the Examiner of Trade-Mark Interferences who had sustained the opposition of opposer.

It appears from the record that Jaybern Fabrics, Inc., hereinafter referred to as applicant, applied for registration under the Lanham Act, Trade-Mark Act of 1946, of the word “Jaybern,” serial No. 535,041, filed September 19, 1947, for use on “ * * * Piece Goods Consisting of Wool, Cotton, Rayon and Mixtures Thereof.” It…