TRADE-MARKS - REGISTRATION - LIKELIHOOD OF CONFUSION

Authors

Herbert L. Nadeau, University of Michigan Law School

Abstract

The applicant sought registration of the trade-mark "Powermax" for gasoline. The application was opposed on the ground of prior use and registration of "Powerine" for the same product. The register already contained the marks "Powerfuel," "Powerline," "Powerite," "Powero," "Powerflash," and "Powerized" for gasoline. Held, the application was properly denied. The mark must be considered as a whole, and the fact that the registered mark, or a portion of it, is descriptive in character does not justify disregarding the similarity in passing on the right to register. The showing of other confusing marks on the register does not help this applicant. Skelly Oil Co. v. Powerine Co., (Cust. & Pat. App. 1936) 86 F. (2d) 752.

Recommended Citation

Herbert L. Nadeau, TRADE-MARKS - REGISTRATION - LIKELIHOOD OF CONFUSION, 36 Mich. L. Rev. 170 (1937).
Available at: https://repository.law.umich.edu/mlr/vol36/iss1/27