Traub Manufacturing Co. v. R. Harris & Co.

The appellee filed its application in the United States Patent Office on July 2, 1928, for the registration of a trade-mark used on finger rings, which mark, it represented, had been used by it continuously since June 26, 1928. The proposed trade-mark consists of the words “ Diamond Blossom,” arranged in a circle, with small diamond shaped spots between the words. It is applied to the articles sold, or the packages containing the same, by fastening thereto a celluloid label on which the trade-mark is shown.

The appellant duly filed notice of opposition, basing the same upon its continuous use…