John A. Marzall, Commissioner of Patents v. Margaret J. Cook

196 F.2d 241, 90 U.S. App. D.C. 93, 93 U.S.P.Q. (BNA) 149, 1952 U.S. App. LEXIS 4232

Opinion

PER CURIAM.

This is a case in which the District Court, in a suit under R.S. 4915, 35 U.S.C.A. § 63, granted registration of a trademark to plaintiff-appellee, after denial by the Patent Office. We find no reversible error.

Affirmed.

FAHY, Circuit Judge, dissenting, thinks the registration was properly denied by the Patent Office. His view is that while the marks in general appearance are dissimilar, the use by the plaintiff below of “JOCO’S” as a part of its mark brings it so similar in sound to “JACCO”, part of a mark in prior use, as to be likely to cause confusion or mistake among purchasers within the meaning of 60 Stat. 428 (1946), 15 U.S.C.A. § 1052(d).