Marsh Capron Mfg. Co. v. Bates Machine & Tractor Co.

VAN ORSDEL, Associate Justice.

This is a trade-mark opposition, brought under section 6 of the Trade-Mark Act of February 20, 1905 (Comp. St. § 9491). It involves the right of appellant to register the words “The Shop Mule” as a trade-mark for tractors. From the decision of the Commissioner of Patents sustaining the opposition, this appeal was taken.

It appears that appellee, opposer, had continuously used, since long prior to any date claimed by applicant, the words “Steel Mule” as a trade-mark for tractors. Prior use by opposer is conceded by the applicant, but it is contended that the goods…