COLGATE-PALMOLIVE COMPANY v. CARTER-WALLACE, INC.

Patent Appeal No. 8286.

432 F.2d 1400 (1970)

COLGATE-PALMOLIVE COMPANY, Appellant, v. CARTER-WALLACE, INC., by change of name from Carter Products Inc., Appellee.

United States Court of Customs and Patent Appeals.

November 12, 1970.


Attorney(s) appearing for the Case

Nims, Halliday, Whitman, Howes & Collison, New York City, attorneys of record, for appellant; Bert A. Collison, Thomas A. Kain, New York City, of counsel.

von Maltitz, Derenberg, Kunin & Janssen, New York City, for appellee; Louis Kunin, V. T. Giordano, New York City, of counsel.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and RE, Judge, United States Customs Court, sitting by designation.


ALMOND, Judge.

This is an appeal1 from the decision of the Trademark Trial and Appeal Board, abstracted at 155 USPQ 759, dismissing an opposition by Colgate-Palmolive Company, appellant, registrant of the mark "PEAK" for a dentifrice,2 against an application filed by Carter-Wallace, Inc., appellee, to register "PEAK PERIOD" for personal deodorants, asserting use since February 18, 1965. The issue was framed...

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