Lever Bros. v. Hormel

This is an appeal from the decision of the First Assistant Commissioner of Patents reversing the decision of the Examiner of Interferences sustaining the opposition of appellant to the application of appellee filed March 5, 1945, for registration of the notation “Spic,” continuously used by the appellee since February 22,1945, as a trademark for animal fat shortening.

The opposition is based upon section 5 of the Trade-Mark Act of February 20, 1905, the pertinent part of which reads as follows:

* * * That trade-marks which * * * so nearly resemble a registered or known trade-mark owned and in…