Elder Mfg. Co. v. International Shoe Co.

JOHNSON, Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 86 U.S.P.Q. 269, reversing the decision of the Examiner of Interferences sustaining the notice of opposition of appellant, and holding that appellee was entitled to the registration of the notation “Sundial Mark Twain” as a trade-mark for use on boots and shoes of leather, fabric and/or combination thereof under section 5 of the Trade-Mark Act of February 20, 1905, 33 Stat. 725, 15 U.S.C. § 85, 1 now 15 U.S.C.A. § 1052.

In its…