Williams Oil-O-Matic Heating Corporation v. Butler Co.

HATFIELD, Associate Judge.

This is an appeal, in a trade-mark cancellation proceeding, from the decision of the Commisssioner of Patents affirming the decision of the Examiner of Interferences dismissing appellant’s application for the cancellation of the registration of appellee’s trade-mark “Oilomatic” for use on windmills.

Appellant alleges in its application that it has used the word “Oil-O-Matic” as a trade-mark for liquid fuel-burning devices (oil burners) and safety-control means therefor, since August, 1921; that appellee’s trade-mark registration No. 219,976, “set up a date of adoption…