Stephen L. Bartlett Co. v. Arbuckle Bros.

ROBB, Associate Justice.

Appeal from a decision of the Patent-Office in a trade-mark opposition proceeding, reversing the decision of the Examiner of Interferences, and sustaining the opposition to the registration by appellant,.applicant below, of the word “Havesome”' as a trade-mark on cocoa. Shoi-tly before applicant adopted this mark, the opposer, appellee here, adopted the word “Drinksum” as a trademark for coffee.

It has been held that cocoa and coffee are goods of the same descriptive properties, within the meaning of the Trade-Mark Act (Comp. St. § 9485 et seq.). Baker Co., Limited, v.…