Eno v. Coe

EDGERTON, Associate Justice.

Edward J. Deshayes applied to the Patent Office for registration of the trademark ENO, for use on a composition intended for cleaning silver, glass, etc. Appellant, which owned and used the same registered mark on an effervescent fruit salt for medicinal use, filed an opposition. The Patent Office dismissed appellant’s opposition and granted the application of Deshayes, on the ground that appellant’s goods and those of Deshayes were not of the “same descriptive properties.” U. S. C, tit. 15, § 85, 15 U.S.C.A. § 85. Appellant then filed a bill in the District Court,…