United-Carr Fastener Corp. v. Capewell Mfg. Co.

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 83 USPQ 471, reversing the decision of the Examiner of Trade-Mark Interferences which had sustained appellant’s petition to cancel the registration of appellee’s mark as applied to nails.

Appellee’s mark is described by the examiner as “composed of a black disc surrounded by a circular line spaced from the disc a distance approximately twice the thickness of the circular line, and from which two groups of horizontal lines extend tangentially in opposite directions…