Eureka Williams Corp. v. McCorquodale

COLE, Judge.

The appellee has sought to register “Ilotomatie” as a trade mark in connection with the sale of automatic gas water *156heaters, establishing continuous use thereof since 1928. In opposition, the appellant has set forth his prior registrations, and antedating usage since 1920 of the mark, “Oil-O-Matic” as applied to liquid fuel burning devices and automatic electrically controlled and operated fuel heating systems.

It being stipulated that the products above mentioned possess the same descriptive properties, appellant contends that the respective marks are confusingly similar and thus,…