Harris v. Plough Chemical Co.

Appellant applied to the United States Patent Office for the registration of a trade-mark used by it upon facial cream, hair dressing, and similar goods since on or about May 1, 1927. This trade-mark was composed of the words “ Black and Tan.”

The appellee opposed this registration, alleging probable confusion in trade. The record discloses that appellee has been manufacturing and selling goods admitted to be of the same descriptive properties since 1917, under the trade name of “ Black and White,” said words being used in connection with a design, sometimes circular, sometimes square, said…