Opinion
No. 1986.
Submitted November 18, 1927.
Decided December 5, 1927. Petition for Rehearing Denied January 21, 1928.
Appeal from the Commissioner of Patents.
Application by the Boston Brass Company for the registration of a trade-mark, opposed by the Three In One Oil Company. From a decision dismissing the opposition, opposer appeals. Affirmed.
J.L. Steuart, of New York City, for appellant.
G.P. Dike, of Boston, Mass., and A.V. Cushman, of Washington, D.C., for appellee.
Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.
Appellant, Three in One Oil Company, opposed the registration of the trade-mark "3 in 1" by appellee, Boston Brass Company, which alleges use of the trade-mark on boiler relief valves, while appellant has for many years been manufacturing and selling oil under its registered trade-mark "3 in 1."
It is clear that no confusion can arise from the use of the marks on the respective goods to which the mark is applied. It is insisted, however, that appellee company is appropriating the corporate name of the Oil Company. It is unnecessary to discuss this proposition, in view of our decision this day delivered in Three in One Oil Co. v. Lobl Manufacturing Co., 57 App. D.C. ___, 23 F.2d 893.
The decision of the Commissioner is affirmed.