In re WILLIAM SCHLUDERBERG & SON

In re WILLIAM SCHLUDERBERG & SON. (Court of Appeals of District of Columbia. Submitted November 17, 1020. Decided December 6, 1920.) No. 1361. Traite-marte and trade-names @==>43—Registration of trade-mark refused because, of existing similar mark for similar goods. An application to register the word “Highland” as a trade-mark for ham, corned beef, and cooked shoulders was properly refused, where another had registered as a trade-mark in connection with the sale of canned meats the representation of a Highlander and the words “Highland Brand,” since it is obvious that confusion would be likely to result. <@Es>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes Appeal from a Decision of the Commissioner of Patents. In the matter of the application of William Schluderberg & Son for registration of a trade-mark. From a decision of the Patent Office, refusing registration, applicant appeals. Affirmed. John A. Saul, of Washington, D. C., for appellant. T. A. Plosfetler, of Washington, D. C., for Commissioner of Patents. [MAJORITY — ROBB, Associate Justice.] ROBB, Associate Justice. Appeal from a decision of the Patent Office refusing to register the word “Highland” as a trade-mark for ham, corned beef, and cooked shoulders. It appearing that Matthews & Co. have registered and long used, as a trade-mark in connection with the sale of canned meats, the representation of a Highlander and the words “Highland Brand,” the decision must be affirmed, for it is obvious that confusion would be likely to result, should registration be accorded appellant’s mark. Affirmed.