B. R. Baker Co. v. Lebow Bro's.

This is an appeal in a Patent Office trade-mark interference proceeding between appellant (hereinafter referred to as Baker) and *1207appellee (hereinafter referred to as Lebow). The appeal is from the decision of the Commissioner of Patents, speaking through the First Assistant Commissioner, 60 USPQ, 254, reversing the decision of the Examiner of Trade-mark Interference, who had held Baker to be the first user and owner of the involved trade-mark and that Baker was entitled to register the same.

Baker’s mark is a composite one, consisting of the words “Custom Imperial” at the top and the words…