In re American Fork & Hoe Co.

Appellant has here appealed from the decision of the Commissioner of Patents, 57 USPQ 192, affirming that of the Examiner of Trade-marks, denying registration of appellant’s trade-mark, which consists of the words “COLLIE KING”, for uses on “Hand Tools, namely Hammers, Hatchets, Axes, Adzes, Broadaxes”. The application states that appellant and its predecessors had used said mark since January 22,1912.

The Examiner of Trade-marks refused registration in view of the prior registration to The Collins Company of three trade-marks. The first consists of the words “B. KING” in handwriting — a…