Island Road Bottling Co. v. Drink-Mor Beverage Co.

Garrett, Presiding. Judge,

delivered the opinion of the court:

This is an appeal from the decision of the Commissioner of Patents (speaking through an assistant commissioner) in a trade-mark reg*817istration controversy which originated, as an opposition proceeding, but which, by reason of the final decision of the commissioner, hereinafter stated, and the failure of Drink-Mor Beverage Company to appeal, became an ex parte case. See decision of this court in Island Road Bottling Co. v. Drink-Mor Beverage Co., 30 C. C. P. A. (Patents) 708, 132 F. (2d) 129.

The factual aspects of the controversy are…