
    RE BARRETT MANUFACTURING COMPANY.
    Tkademakk; Similakity of Names.
    The similarity of the words “Hydronon” and “Ilydrocide” precludes, as tending to create confusion in trade, the registration of the former as a trademark for bituminous paint, where the latter has already been registered for goods of the same descriptive properties. (Citing Seubert v. Santaella & Go. 36 App. D. C. 447, 'and Breiteribach v. Rosenberg, 37 App. D. C. 102.)
    No. 894.
    Patent Appeal.
    Submitted January 16, 1914.
    Decided February 2, 1914.
    Hearing on an appeal from a decision of the Commissioner of Patents refusing registration of a trademark.
    
      Affirmed.
    
    The facts are stated in the opinion.
    
      Messrs. Merwin & Swenarton and Mr. W. B. Morton for the appellant.
    
      Mr. Webster 8. Ruckman for the Commissioner of Patents.
   Mr. Justice Robb

delivered the opinion of the Court:

This appeal is from a decision of the Commissioner of Patents refusing to register the word “Hydronon,” with a paragraph beneath, as a trademark for bituminous paint, the ground of the refusal being the prior registration of the word “Hydrocide” as a trademark for the same class of goods. We agree with the Commissioner that the words are so nearly alike as to be likely to cause confusion in trade when applied to goods of the same descriptive properties, and therefore affirm the decision. Seubert v. Santaella & Co. 36 App. D. C. 441; Breitenbach v. Rosenberg, 37 App. D. C. 102; Northwestern Consol. Mill. Co. v. Mauser & Cressman, 162 Fed. 1004; Florence Mfg. Co. v. Dowd, 171 Fed. 122. Affirmed.  