Sundure Paint Corporation v. Maas & Waldstein Co.

MARTIN, Judge.

This is an appeal from the decision of the Commissioner of Patents, acting through the Assistant Commissioner, reversing the decision of the Examiner of Interferences, and sustaining the opposition brought by appellee, Maas & Wald-stein Co., to the application for registration of “Plextrum” 1 for an “acrylic masonry coating.” Opposer’s earlier use and ownership of the trademark “Plextone” 2 for “industrial coating finishes for producing multiple-colored film coatings” are conceded.

The Commissioner found that the products bearing the marks in issue each “ * * * fall in the broad…