Cross v. Williams Oil-O-Matic Heating Corp.

Garrett, Judge,

delivered tRe opinion of the court:

Appellant seeks to register “ Coal-O-Matic ” as a trade-mark for use on devices for automatically feeding solid fuel, in the form of pulverized coal, to furnaces. Opposition • to his application was made by appellee, who alleges ownership, registration, and prior use of “ Oil-O-Matic ” as a trade-mark for application to devices which automatically feed fuel oil to furnaces.

The opposition was sustained and registration denied by decisions of both the examiner of interferences and the Commissioner of Patents and the matter is before us on appeal.