Ely & Walker Dry Goods Co. v. Sears, Roebuck & Co.

GARRETT, Associate Judge.

This is a trade-mark opposition proceeding in which appellee (hereinafter referred to as opposer) opposes the application of appellant for registration of the word “Needleized” as a trade-mark for cotton piece goods. It comes to us by appeal from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences sustaining the opposition and denying the registration.

In its notice of opposition opposer plead its ownership, registration, and use.of the word “Needle-Thrift” for “cotton piece goods — namely, muslin, cambric, long-cloth and…