Booth Fisheries Co. v. Adams & Sons Grocer Co.

ROBB, Associate Justice.

Appeal from a decision of the Patent Office in a trademark opposition proceeding, dismissing appellant’s opposition to the registration by the appellee of the mark “Diamond A,” associated with the representation of a diamond inclosing a large capital “A.”

In its notice of opposition, appellant alleged that its -trade-mark was a diamond-shaped figure and the word “Diamond.” In the answer filed by appellee, it was alleged that appellant’s mark was not “Diamond,” but “Black Diamond,” “as shown in the registration * * * No. 16,989, dated September 3, 1899.” The evidence…