Arkell Safety Bag Co. v. Safepack Mills

SMYTH, Chief Justice.

Arkell Safety Bag Company, owner of the mark “Arksafe,” which was registered for it in the Patent Office July *61723, 1901, opposed the application of Safepack Mills for the registration of the mark “Safepack.” The latter company claims use of its mark only since May, 1914, and is therefore junior to the opposer. Both marks are applied to wrapping paper; hence to goods of the same descriptive properties. The opposition is grounded on the contentions (1) that the registration of the applicant’s mark would be likely to produce confusion; (2) that it is descriptive of the…