Legal Opinion

Re Barrett Manufacturing Co.

Court of Appeals for the D.C. Circuit

Decided February 2, 1914No. 894Published

Hearing on an appeal from a decision of the Commissioner of Patents refusing registration of a trademark. The facts are stated in the opinion.

1Opinion of the CourtJustice Robb

This appeal is from a decision of the Commissioner of Patents refusing to register the word “Hydronon,” with a paragraph beneath, as a trademark for bituminous paint, the ground of the refusal being the prior registration of the word “Hydrocide” as a trademark for the same class of goods. We agree with the Commissioner that the words are so nearly alike as to be likely to cause confusion in trade when applied to goods of the same descriptive properties, and therefore affirm the decision. Seubert v. Santaella & Co. 36 App. D. C. 441; *514Breitenbach v. Rosenberg, 37 App. D. C. 102; Northwestern…

2Cases cited2 opinions

  1. Northwestern Consol. Milling Co. v. MauserU.S. Circuit Court for the District of Eastern Pennsylvania · 1908
  2. Florence Mfg. Co. v. DowdU.S. Circuit Court for the District of Southern New York · 1909

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