95. Act of 1905-RESIDENTS OF PHILIPPINE ISLANDS-ENTITLED TO REGISTRATION.-The Trade-Mark Act of 1905, sections 1 and 29, construed and Held that under this act residents of the Philippine Islands are entitled to register trade-marks in this country. (Opinion of the Attorney-General, C. D., 1902, 493; 98 D. C., 2175; 23 Op., 635, distinguished.) In re Philippine Islands, 251.

96. CHANGE OF NAME OF APPLICANT.-An application was filed in the name of a company. Subsequently the name of the company was changed and substitute papers were filed setting forth that the latter company was the owner of the mark. Held that such papers should not be entered. Ex parte Certain Cure Company, 192.

97. SAME TRANSFER OF FEE.-Where after filing an application the name of the applicant company was changed and an application was filed under the new name, Held that the fee paid in first application cannot be transferred to the later application. Id.

98. OPPOSITION-OPPOSER'S RIGHT TO REGISTRATION IMMATERIAL.-Where in an opposition proceeding it appears that the opposer adopted its mark prior to the date of adoption by the applicant of his mark, the question of the registrability of opposer's mark is immaterial, the sole question to be considered being that of the similarity of the marks. Lang v. Green River Distilling Company, 476.

99. SAME-SIMILAR MARKS-" GREEN RIBBON," "GREEN RIVER."-Held that registration of the words "Green Ribbon " as a trade-mark for whisky was properly refused in view of the prior use of the words "Green River on the same class of goods, as the similarity of the marks is such as to be likely to cause confusion in the mind of the public. * Id. 100. WHISKY AND GIN-GOODS OF THE SAME DESCRIPTIVE PROPERTIES.-Whisky and gin are goods of the same descriptive properties (the decision in Vanden Bergh & Company v. Belmont Distillery Co., C. D., 1903, 496; 107 O. G., 2235, overruled.) P. J. Bowlin Liquor Company v. J. and J. Eager Company, 207.

101. GOODS OF SAME DESCRIPTIVE

66

PROPERTIES-WHISKY,

"STRAIGHT," "BLEND," AND "COMPOUND."-" Straight" whisky, "blended" whisky, and compound" whisky are goods of the same descriptive properties within the meaning of the Trade-Mark Act. *In re Wright & Taylor, et al., 479.

102. TEN-YEARS CLAUSE-CONTEMPORANEOUS USE-FRAUDULENCY THEREOF.A mark cannot be registered under the ten-years clause of section 5 of the Trade-Mark Act of February 20, 1905, when substantially the same mark was used by others on goods of the same descriptive properties during the ten-year period, even though such use was fraudulent or deceptive. * Id.

103. OPPOSITION-PRACTICE.-Where, after pleadings had been filed in an opposition proceeding, jurisdiction was restored to the Examiner of Trade-Marks for the purpose of refusing registration in view of a registered trade-mark and no action was taken by the applicant for more than a year after the letter of the Examiner of Trade-Marks refusing such registration, Held that on motion by the opposer the Examiner of Interferences should issue an order that the applicant show cause why the opposition should not be sustained. C. E. Sears & Co. v. A. & R. Loggie, 229.

104.

66 WOOD FILLERS" AND
44 WHITE LEAD"-GOODS OF THE SAME DESCRIPTIVE
PROPERTIES.-Wood fillers and white lead are goods of the same de-
scriptive properties within the meaning of the Trade-Mark Act of Feb-
ruary 20, 1905. The Warren Paint Co. v. Reeve & Co. v. Davidson &
Knowles Co., 235.

105. OPPOSITION-JURISDICTION OF THE EXAMINER OF INTERFERENCES.-The Jurisdiction of deciding all questions raised on opposition proceedings, including that of the similarity of the marks of the applicant and the opposer, is vested in the Examiner of Interferences. California Canneries Company v. Kothe, Wells and Bauer Company, 236.

106. SUIT UNDER SECTION 4915, REVISED STATUTES-DEMURRER.-In a suit under section 4915, Revised Statutes, to obtain the registration of the words "Old Lexington Club" as a trade-mark a demurrer was filed alleging that the mark is invalid. Held that the invalidity of the mark is not obvious and that the demurrer should be overruled. The Old Lexington Club Distillery Company v. Kentucky Distilleries and Warehouse Company, 268. 107. CANCELATION-DAMAGE-SUFFICIENCY OF SHOWING-Where the mark shown in the registration whose cancelation is sought consists of the words "Crown Aster" for "canned fruits, canned vegetables, pork and beans, jam, preserves, and marmalades" and the applicant for cancelation merely alleges that it had adopted the mark "Hotel Astor" for coffee prior to the date of adoption of the mark "Crown Aster" by the registrant and had used it continually ever since, Held that the showing of damage is not sufficient, and a demurrer to the application for cancelation was properly sustained. B. Fischer & Co., v. A. F. Beckmann & Co., 246.

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108. SAME-SAME GOODS IN SAME CLASS.-While the owner of a trade-mark is entitled to protection against the registration of the same or a similar mark by another upon goods adapted to similar use, he is not entitled by reason of its use on one article to a monopoly of the mark for all goods which may be included in a broad class established by the Patent Office. Id.

TRANSFER OF FEES. See Trade-Marks, 97.

TRANSFERRING CLAIMS.

See Interference, 40.

TRANSMISSION OF MOTIONS.

See Interference, 13, 34; Motion to Dissolve Interference; Supervisory Authority of the Commissioner of Patents; Trade-Marks, 47.

TRIBUNALS OF THE PATENT OFFICE. See Interference, 27, 28.

TWO PENDING APPLICATIONS FROM SAME APPLICANT. See Interference, 40.

WAIVER.

See Rules of Practice of the United States Patent Office. WAIVER OF OBJECTIONS. See Access to Pending Applications, 5. WITNESSES. See Interference, 2; Suits for Infringement, 2.

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