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KOTEX CO. v. McARTHUR

Patent Appeal No. 2527.

45 F.2d 256 (1930)

KOTEX CO. v. McARTHUR.

Court of Customs and Patent Appeals.

December 19, 1930.

Attorney(s) appearing for the Case

Fisher, Clapp, Soans & Pond, of Chicago, Ill., Thomas L. Mead, Jr., of Washington, D. C. (Browne & Phelps, of Washington, D. C., of counsel), for appellant.

Barthel & Barthel, of Detroit, Mich. (Theodore K. Bryant, of Washington, D. C., of counsel), for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

HATFIELD, Associate Judge.

This is an appeal, in a trade-mark opposition proceeding, from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing the opposition of appellant and adjudging appellee entitled to the registration of the trade-mark "Rotex" for use on vaginal syringes.

Appellant's trade-mark consists of the word "Kotex." It was registered on September 21, 1920, and has been continuously and...

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