Hy-V Co., Inc. v. Campbell Soup Co.

GARRETT, Chief Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, affirming that of the Examiner of Interferences in a trade-mark opposition proceeding, 86 U.S.P.Q. 217.

March 12, 1947, appellant, Hy-V Company, filed its application, serial No. 518,889 in the Patent Office for the registration, under the Trade-Mark Registration Act of 1905, now 15 U.S.C.A. § 1051 et seq., of the notation “hyV” as a trade-mark for “canned fruit juices for food purposes,” continuous use of the mark being alleged “since January 7, 1947.”

April 28,…