This appeal is from the decision of thе Commissioner of Patents dismissing an opposition brought by appellant, Lincoln Motоr Company, against the registration of a trademark by appellee, Lincoln Manufacturing Company.
The marks of the respective parties consist of thе word “Lincoln,” with certain embellishments. The mark of appellant company is applied to automobiles known as the Linсoln ear, and has been in use since 1920. Thе mark of appellee company was applied to brakes and timеrs, manufactured for and used in various cars. It was held by the tribunals of the Patent Office that, while the marks were deceptively similаr, their use was not such as to lead to confusion, and the opposition was accordingly dismissed.
The case has takеn a turn where we think it unnecessary to entеr into any prolonged discussion as to the respective marks. Since the appeal to this court was taken, an аgreement has been entered into between the contending parties wherеby appellee company has discontinued and abandoned the use оf the name “Lincoln” as a trade-mark for automobile parts, and adoptеd in its place the word “Limaco,” for which appellee company hаs applied for registration and has not been opposed by appеllant.
In order that the, record may bе cleared, and appellant company be permitted to use its mark uninсumbered by anything arising out of this proceeding, the decision of the Commissioner should bе reversed, with directions to enter an оrder sustaining the opposition.
Inasmuch as that portion of the record which was brought into this court by certiorari was unnecessary in the determination of the case, the costs of the same are assessed against the appellee.
The decision of the Commissioner is reversed.