Revere Paint Co. v. 20th Century Chemical Co.

Hatfield, Judge,

delivered tlie opinion of the court:

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents (58 USPQ 495) reversing the decision of the Examiner of Interferences sustaining appellant’s notice of opposition to the registration of appellee’s trade-mark and holding -that appellee was not entitled to register the mark under section 5 of the Trade-mark Act of February 20,1905.

Appellee’s mark comprises the notation “20th Century” displayed on a black background.

It is alleged in appellee’s application for registration that it has used…