Replogle v. Air-Way Co.

SMYTH, Chief Justice.

This is a trade-mark interference proceeding, in which the decision of the Patent Office was against Daniel B. *766Replogle and in favor of the Air-Way Company. The contest relates to the use of the name “Air-Way” on electric vacuum cleaners and parts thereof.

Replogle filed his application for registration of a composite mark, consisting of the words “Pneumode” and “Air-Way,” on November IS, 1918, alleging that he had commenced the use of the mark some time prior thereto. Just before the filing of his application Replogle was engaged in manufacturing and selling, under the…