Opinion
No. 1843.
Submitted March 11, 1926.
Decided April 5, 1926.
Appeal from the Commissioner of Patents.
Petition by William Schield and others, doing business under the style and name of the Wm. Schield Manufacturing Company, for cancellation of trade-mark registered by Charles L. Jones. From a decision of the Commissioner of Patents denying cancellation, petitioners appeal. Affirmed.
J.D. Rippey and L.C. Kingsland, both of St. Louis, Mo., and C.M. Thomas, of Washington, D.C., for appellants.
Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.
Appeal from concurrent decisions of the tribunals of the Patent Office refusing, on the petition of appellant, to cancel the mark "Devilon," for use on an insecticide; the mark of appellant being "Red Devil," used on powdered lyes.
The Patent Office entertained doubt as to whether the marks were used on goods of the same descriptive properties, but, passing that question, we agree that the two marks are not deceptively similar.
The decision is affirmed.