Frankfort Distilleries, Inc. v. Dextora Co.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents reversing the decision of the Examiner of Interferences sustaining appellant’s notice of oposition to the registration of appellee’s mark.

In his decision, the commissioner affirmed the decision of the Examiner of Interferences holding that appellee’s mark was not register able under section 5 of the Trade-mark Act of February 20, 1905.

Appellee did not appeal to this court from the adverse decision of the commissioner.

Appellee’s mark is for use on “malt syrup for food purposes and cereal…