Ostermoor & Co. v. John A. Schwarz, Inc.

PER CURIAM. Appeal from concurrent decisions of the tribunals of the Patent Office in a trade-mark opposition proceeding, dismissing the opposition. We agree with the Patent Office that the picture of a mattress, involved in the marks upon which the opposition is based and in applicant’s mark, is publici juris, and therefore may be incorporated in applicant’s composite mark. See Ostermoor & Co. v. Rose Spring & Mattress Co., 55 App. D. C. 307, 5 F.(2d) 268. The decision is affirmed.