Ostermoor & Co. v. Rose Spring & Mattress Co.

ROBB, Associate Justice.

This is a trademark opposition proceeding, in which the tribunals of the Patent Office accorded the right of registration to the appellee of the following mark, in use since 1912:

For about 20 years appellant has used a composite mark, consisting of a label on which is a circle divided into quarters, two of the quarters containing representations of a mattress and bearing the legend %

“Trade Mark Reg. IJ. S. Pat. Of.”

In the other two quarters are similar representations of a mattress with a half figure of a woman and the same legend. Since the filing of the opposition,…