Goldsmith Bros. v. Atlas Supply Co.

This appeal is from a decision of the Commissioner of Patents, 60 USPQ 18, affirming that of the Examiner of Interferences dismissing a notice of opposition filed by appellant to the application of appellee to register its trade mark “Coldex,” written in script, as applied to an automobile antifreeze compound, and adjudging the mark to be registrable.

Both parties took testimony.

It appears that appellant, a corporation, does a mercantile business in the city of New York, in several diversified lines in which the mark “Goldex” is applied to many articles. It operates in its store a…