Turco Products, Inc. v. Tykor Products, Inc.

GARRETT, Chief Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, reversing the decision of the Examiner of Trade-Mark Interferences (hereinafter referred to as the examiner) in a trade-mark opposition proceeding, 81 USPQ 548.

The mark which appellee seeks to register under the Trade-Mark Act of February 20, 1905, now 15 U.S.C.A. § 1051 et seq., for “insecticides, insect and stock sprays” is a composite mark which, as described by the Assistant Commissioner, “consists of the word ‘Tykor,’ which is displayed within a panel,…