Hygrade Sylvania Corp. v. Sontag Chain Stores Co.

*800Garrett, Presiding Judge.

This is an appeal from the decision of the Commissioner of Patents affirming that of the Examiner of Interferences dismissing appellant’s notice of opposition to the application of appellee for the registration of the notation “Hy-Ray” for use as a trade-mark for radio tubes, and adjudging appellee .entitled to register same.

Appellee’s application for registration was filed in the Patent Office May 10, 1937, use of the mark being claimed therein “since May 3rd, 1937.” After certain amendments to the application notice of it was published in the usual manner in the…