Sweeny v. Replogle

VAN ORSDEL, Associate Justice.

This is a trade-mark opposition, filed.by appellee, Replogle, opposing the registration by appellant, Sweeny, of the word “Pneuway” as a trade-mark for vacuum cleaners. The opposition is based upon the alleged prior use by appellee of the mark “Pneumode” upon vacuum cleaners and parts thereof.

The goods are the same, and the opposer has established prior adoption and use of his mark. The ease turns solely on the similarity of the marks. The Commissioner of Patents held that the marks are sufficiently similar to be likely to create confusion in trade, and upon that…