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17 C.C.P.A. 641

Rosenberg Bros. v. Horowitz

Court of Customs and Patent Appeals

Decided December 2, 1929

Court of Customs and Patent Appeals · decided 1929-12-02

Cited by 2 later decisions — most recently February 1932

Good law ✅— No negative treatment on recordhow we know

Decided 1929-12-02

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Lenroot, Judge,

¶1delivered the opinion of the court:

¶2This is an appeal from the decision of the Commissioner of Patents dismissing the opposition in a trade-mark case.

¶3The opposition was filed by appellant against the trade-mark application of appellee. The trade-mark sought to be registered consists of the words “ Washington Park,” arranged in a somewhat rectangular border, with what is presumed to be an outline of the head of George Washington arranged at the lower part of the border.

¶4The marks of appellant upon which the opposition is based consist of the words “Fashion Park,” “Fashion Park Clothes,” and “ Tailored at Fashion Park ”; all of the registrations, in addition to the words used, have a figure of two men on horseback. The goods of both parties to which .the marks are applied are the same, namely, men’s outer clothing.

¶5The only question in the case is whether applicant’s mark so resembles that of opposer that confusion in trade is likely from their use. None of the testimony of opposer tended to show such confusion, and the matter must be determined from a consideration of the marks themselves.

¶6The only common feature of appellant’s and appellee’s marks is the word “ Park.” Appellant has not acquired the exclusive use of the word “ park ” in a trade-mark, and therefore the question is, do the words “ Washington Park ” so nearly resemble the words “ Fashion Park ” as to cause confusion or mistake in the mind of the public, or to deceive purchasers.

¶7*642We agree with the commissioner that the words “ Fashion ” and “ Washington ” have nothing in common in appearance, sound, or significance, and we do not believe that the use of the words “Washington Park ” would be confused by purchasers of men’s outer clothing with the words “ Fashion Park.”

¶8The decision of the commissioner is affirmed.

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