Re Barrett Manufacturing Co.

D.C. Circuit

Re Barrett Manufacturing Co.

41 App. D.C. 513, 1914 U.S. App. LEXIS 2210

CourtCourt of Appeals for the D.C. Circuit

DecidedFebruary 2, 1914

DocketNo. 894

StatusPublished

This text of 41 App. D.C. 513 (Re Barrett Manufacturing Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Re Barrett Manufacturing Co., 41 App. D.C. 513, 1914 U.S. App. LEXIS 2210 (D.C. Cir. 1914).

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Opinion

Mr. Justice Robb

delivered the opinion of the Court:

This appeal is from a decision of the Commissioner of Patents refusing to register the word “Hydronon,” with a paragraph beneath, as a trademark for bituminous paint, the ground of the refusal being the prior registration of the word “Hydrocide” as a trademark for the same class of goods. We agree with the Commissioner that the words are so nearly alike as to be likely to cause confusion in trade when applied to goods of the same descriptive properties, and therefore affirm the decision. Seubert v. Santaella & Co. 36 App. D. C. 441; [514]*514Breitenbach v. Rosenberg, 37 App. D. C. 102; Northwestern Consol. Mill. Co. v. Mauser & Cressman, 162 Fed. 1004; Florence Mfg. Co. v. Dowd, 171 Fed. 122. Affirmed.

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Mr. Justice Robb

delivered the opinion of the Court:

This appeal is from a decision of the Commissioner of Patents refusing to register the word “Hydronon,” with a paragraph beneath, as a trademark for bituminous paint, the ground of the refusal being the prior registration of the word “Hydrocide” as a trademark for the same class of goods. We agree with the Commissioner that the words are so nearly alike as to be likely to cause confusion in trade when applied to goods of the same descriptive properties, and therefore affirm the decision. Seubert v. Santaella & Co. 36 App. D. C. 441; [514]*514Breitenbach v. Rosenberg, 37 App. D. C. 102; Northwestern Consol. Mill. Co. v. Mauser & Cressman, 162 Fed. 1004; Florence Mfg. Co. v. Dowd, 171 Fed. 122. Affirmed.

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41 App. D.C. 513, 1914 U.S. App. LEXIS 2210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/re-barrett-manufacturing-co-cadc-1914.

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