Alligator Co. v. Larus & Brother Co. Inc

GARRETT, Chief Judge.

This is an appeal from the decision of t)he Commissioner of Patents, speaking through Assistant Commissioner, Honorable Joe E, Daniels, 86 U.S.P.Q. 332, affirming that of the Examiner of Trade-Mark Interferences dismissing appellant’s notice of opposition to the application of appellee for a trademark registration on the Principal Register under the Trade-Mark Act of July 5, 1946, commonly known as the Lanham Act, 15 U.S.C.A. § 1051 et seq.,1 and according appellee the right to register.

The mark which appellee seeks to register consists of the word “Alligator” in capital…