California Cyanide Co. v. American Cyanamid Co.

HATPIELD, Associate Judge.'

This is an appeal from the decision of the Commissioner of Patents reversing the decision of the Examiner of Interferences dismissing the notice of opposition of appellee and holding that appellant was entitled to the registration of the trade-mark “Caleyanide” for use on fumigants.

In its notice of opposition, appellee, the American Cyanamid Company, declared that it would be injured by the registration of appellant’s trade-mark for the following reasons:

“1. That from a date prior to the date of alleged use of the trade mark sought to be registered, and continuously…