In re Berger

VAN ORSDEL, Associate Justice.

Appellant, Berger, appeals from a decision of the Commissioner of Patents, denying registration of the word “Cop-Spotter” as a trade-mark for rear-view mirrors for automobiles.

When appellant applied for the registration of his mark, he was thrown in interference with the William R. Johnston Manufacturing Company, who had a registered trade-mark for the same goods, consisting of the word “Copspotter,” with the picture of a policeman mounted on a motorcycle within the letter “C.” Appellant proved prior use of his mark beyond question, and the Commissioner of…