PROCTOR & GAMBLE CO. v. J. L. PRESCOTT CO.

Patent Appeal No. 2764.

49 F.2d 959 (1931)

PROCTOR & GAMBLE CO. v. J. L. PRESCOTT CO.

Court of Customs and Patent Appeals.

May 27, 1931.


Attorney(s) appearing for the Case

Allen & Allen, of Cincinnati, Ohio (Paul Finckel, of Columbus, Ohio, of counsel), for appellant.

Joshua R. H. Potts, of Chicago, Ill. (T. Bertram Humphries, of Philadelphia, Pa., of counsel), for appellee.

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


BLAND, Associate Judge.

From a decision of the Commissioner of Patents, affirming the decision of the Examiner of Interferences, dismissing appellant's notice of opposition, and adjudging that the appellee was entitled to the registration of its trade-mark, the appellant has appealed to this court.

The opposer, appellant, based its opposition upon the use, by it and its predecessors, of its registered trade-mark "Oxydol," since June 10, 1914, as a trade-mark...

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