Durox Co. v. Duron Paint Manufacturing Co.

THOMSEN, Chief Judge.

Plaintiff’s complaint under 15 U.S.C.A. § 1071 and 35 U.S.C.A. § 146 asks this court to reverse a decision of the Patent Office Trademark Trial and Appeal Board1 and to direct the Commissioner of Patents to issue to plaintiff its requested registration of DUROX for a “liquid primer-sealer surface coating which may also be used as an additive for paints, enamels and lacquers”. Use since August 12, 1955, is asserted.

Defendant opposes the registration, as it did successfully before the Board, on the ground that plaintiff’s mark DUROX so nearly resembles defendant’s mark…