Field v. R. H. Macy & Co.

This is an appeal from a decision of the Commissioner of Patents in an opposition proceeding brought under the trade-mark act of 1905, as amended.

Appellant filed its application in the United States Patent Office for the registration of the trade-mark “CREPEGLO” for women’s crepe hosiery. Appellee opposed the registration on the ground of its prior use and ownership of the trade-mark “CREPETEX” for women’s crepe hosiery. Both parties took testimony.

The record shows that appellee’s use of the mark “CREPETEX” preceded any use by appellant of the notation “crepe” in connection with hosiery, and…