California Stucco Products of New England, Inc. v. Maas & Waldstein Co.

MARTIN, Judge.

This appeal is from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, affirming the decision of the Examiner of Interferences sustaining the opposition b5 Maas & Waldstein Co., appellee here, to the applications for registration of “Plexichrome” 1 for a “finish coating for asphalt and concrete surfaces,” and for “Plexicolor” 2 for “paint for masonry walls.” Opposer, whose earlier use is conceded, owns the trademark “Plex-tone” 3 for “industrial coating finishes for producing multiple-colored film coatings.”

The Assistant Commissioner found that…