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HEGER PRODUCTS CO. v. POLK MILLER PRODUCTS CORPORATION

Patent Appeal No. 2655.

47 F.2d 966 (1931)

HEGER PRODUCTS CO. v. POLK MILLER PRODUCTS CORPORATION.

Court of Customs and Patent Appeals.

March 31, 1931.

Attorney(s) appearing for the Case

Howard L. Fischer, of St. Paul, Minn. (Thos. L. Mead, Jr., and James H. Littlehales, both of Washington, D. C., of counsel), for appellant.

Mason, Fenwick & Lawrence, of Washington, D. C. (Edward G. Fenwick, of Washington, D. C., of counsel), for appellee.

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

GRAHAM, Presiding Judge.

On May 16, 1925, the appellant filed its application, serial No. 214,416, for the registration of a trade-mark to be used in connection with the sale of parrot, dog, bird, and cat medicines. The trade-mark consists of a yellow label with two annular red bands, one on the upper and one on the lower portion of the label. In its application the appellant stated "the trade mark has been continuously used and applied to said goods in applicant...

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