Rite-Rite Mfg. Co. v. Rite-Craft Co.

JACKSON, Judge.

This is an appeal in a trade-mark opposition proceeding from a decision of the Commissioner of Patents, 76 USPQ 274, affirming that of the Examiner of Interferences, holding that appellee is entitled to register the mark “RITE-CRAFT” under the Trade-Mark Act of 1905, 33 Stat. 724, as amended, as applied to pens and wood cased and mechanical pencils.

Appellant in its notice of opposition alleged that the trade-mark sought to be registered constitutes an appropriation of the dominant portion of appellant’s corporate name, and so nearly resembles its mark as to be likely to cause…