Celotex Co. v. Chicago Panelstone Co.

HATFIELD, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents dismissing the opposition of appellant and holding that appellee was entitled to the registration of the mark “Opal-Tex” for use on ornamental wall board.

In its application for registration, filed November 27, 1928, appellee alleged that it had us'ed its alleged trade-mark “Opal-Tex” since June 4, 1928.

In its notice of opposition, appellant alleged that it was the owner of the trade-mark “Celotex” for use on wall board and similar building materials; that its…