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ROTEX SURGICAL APPLIANCE CO. v. KOTEX CO.

Patent Appeal No. 2531.

44 F.2d 879 (1930)

ROTEX SURGICAL APPLIANCE CO. v. KOTEX CO.

Court of Customs and Patent Appeals.

December 1, 1930.

Attorney(s) appearing for the Case

Barthel & Barthel, of Detroit, Mich. (Otto F. Barthel, of Detroit, Mich., and Theo. K. Bryant, of Washington, D. C., of counsel), for appellant.

Fisher, Clapp, Soans & Pond, of Chicago, Ill. (Browne & Phelps, of Washington, D. C., of counsel), for appellee.

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

GARRETT, Associate Judge.

Appellant seeks to register, as a trade-mark for use on certain antiseptic powders, a composite mark "comprising a rectangular blue background on which appears a circular red portion across which is the notation `Rotex,' a stem and an arrow head at its end, being shown extended to one side and downwardly from the red disk."

There appear at different places on one of the specimens filed the...

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