Trade-marks-Continued. Must be associated with goods, no such thing as "trade-marks at Not unfair competition where there is no competent evidence of con- Opposition involving same parties, marks, and goods involved in Proceedings, equity practice to be followed rather than prac- To registration of trade-marks, evidence of registration not Petitioner for cancelation shows injury, though injury is presumed Registration differs from patent in that it creates no vested right, Foreign trader, rights dependent on submission to jurisdiction. 74 Law not to be avoided by phonetic spelling. In re The American 163 Refused where dominant feature is descriptive of goods. * In re 179 Required by statute for each class of goods upon which used. Ex parte Vacuum Oil Company.......... 45 Rights, appurtenant to an established business or trade in connection 369 Rights limited to localities where used. ** United Drug Company v. 369 Same mark employed by manufacturers in markets widely separated, 369 201 Trade-marks-Continued. Shipping to branch house abroad not statutory use of trade-mark. Test, whether public would purchase product of one manufacturer d The word "Almetal" for sash-rails, evidence insufficient to show "Cashmere," for oil, not geographical and registrable. Ex parte "Infallible," for smokeless powder, refused registration as a "Jackie" and "Jack Tar," for waists and blouses, refused regis- "Kanelasses," for molasses, refused registration as descriptive 66 Page. 151 201 281 276 51 114 47 163 139 'Metaloid," for a paste material for mending metal, refused 48 179 automatically-operated 157 136 "Sealhyde," for carriage-cloth, refused registration as descriptive "Tag," for soap, refused registration as descriptive term. M. 298 276 "Wizard" infringed by the word "Wonder" on goods identical 66 High-Efficiency," for valves, refused registration as a descrip- Trade-marks-Continued. Title to, question of abandonment. Rice-Stix Dry Goods Company v. The Schwarzenbach, Huber Company--. Page. 150 Use of mark must be restricted to one class of goods. Ex parte Word never formally adopted as trade-mark or trade-name not entitled to protection. "Detroit Showcase Co. v. Kawneer Mfg. Co__ Trade-secrets, use for ten years, goods on the market, process may not be patented when secrecy becomes difficult, thereby prolonging the monopoly. Macbeth-Evans Glass Co. v. General Electric Co-‒‒‒‒‒ Trading with the Enemy Act, German citizens entitled to extension of time under as Germany grants reciprocal privileges. Ex parte Philipp and Schmidt 45 281 239 8 U. Unfair competition, evidence insufficient to show trade-mark use of the d 281 281 Detroit Showcase Co. v. Kawneer Mfg. Co_____ Use of new material in a new way, producing new results, may constitute patentable invention. Globe Knitting Works v. Ségal et al. 281 254 DECISIONS OF THE COMMISSIONER OF PATENTS FOR THE YEAR 1918. EX PARTE BOWEN. Decided January 11, 1918. 247 O. G., 245. 1. NAME OF APPLICANT-FULL NAME. Where the applicant's first name as signed to the papers is known as a Christian name, an affidavit that the name as given is his full name should not be required even though it is also an abbreviation. 2. SAME "FRED" FULL CHRISTIAN NAME-NO AFFIDAVIT NECESSARY. As "Fred" is a Christian name, the decision in ex parte Smith and Kimble (C. D., 1901, 231; 97 O. G., 2533) is overruled in so far as it held that an affidavit should be required when the papers are signed "Fred." ON PETITION. ELECTRIC TIME-SWITCH. Messrs. Chandlee & Chandlee for the applicant. WHITEHEAD, First Assistant Commissioner: This is a petition for the withdrawal of the requirement that applicant file an affidavit that his full first name is "Fred," as it appears in the application. Rule 40 provides that full first names must be given. Order No. 600 directs that if the full first name does not appear applicant should be required to supply the omission or file an affidavit that his full name was as given. The requirement should be made where the name as signed is obviously an abbreviation or is so seldom used otherwise that the presumption is that it is an abbreviation (see ex parte Gentry, C. D., 1888, 115; 44 O. G., 822); but where the first name as it appears is known as 1 a Christian name the requirement should not be made even though it is also an abbreviation. (See ex parte Moehn, C. D., 1903, 322; 106 O. G., 995; ex parte Faulkner, C. D., 1907, 136; 128 O. G., 886.) It is well known that "Fred" is a Christian name and presumably is applicant's full name. The requirement should therefore be withdrawn. The decision in ex parte Smith and Kimble (C. D., 1901, 231; 97 O. G., 2533) is overruled in so far as it held that an affidavit should be required when the papers are signed "Fred." The petition is granted. CREVELING V. JEPSON. Decided March 5, 1915. 247 O. G., 745. INTERFERENCE-RIGHT TO MAKE CLAIMS. Record reviewed and Held that the count of this interference and the claims proposed under Rule 109 cannot be predicated upon an earlier application of C relied upon to carry his date of invention back of a reference cited against C's application involved in this interference. APPEAL from Examiners-in-Chief. ELECTRIC REGULATION. Mr. Charles McC. Chapman and Messrs. Sturtevant & Mason for Creveling. Messrs. Kenyon & Kenyon for Jepson. EWING, Commissioner: This is an appeal from the decision of the Examiners-in-Chief denying a motion made by Creveling under Rule 109 to admit the following claims: 8. In an arrangement of the class described, a carbon pile, a two-armed lever having a short arm operating upon one end of the pile and a long arm extending toward the other end of the pile, a second two-armed lever having a short arm operating upon said second mentioned end of the pile and a long arm extending toward the first mentioned end of the pile. 9. In an arrangement of the class described, a carbon pile, a two-armed lever having a short arm operating upon one end of the pile, and a long arm extending toward the other end of the pile, a second two-armed lever having a short arm operating upon said second mentioned end of the pile and a long arm extending toward the first mentioned end of the pile and an electro-magnet mechanically connected to each of said long arms for operating the same. 10. In an arrangement of the class described, a carbon pile, a two-armed lever pivoted adjacent one end of said pile and having the shorter arm operating upon said end of the pile and its longer arm extending toward the other end of the pile, a second two-armed lever pivoted adjacent said second end of the pile and having its shorter arm operating upon said second end of the pile and its |