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McFARLAND v. BENDER

Patent Appeal No. 2568.

46 F.2d 709 (1931)

McFARLAND v. BENDER.

Court of Customs and Patent Appeals.

February 11, 1931.

Attorney(s) appearing for the Case

Bernard F. Garvey and Irving L. McCathran, both of Washington, D. C., for appellant.

James M. Spear, of Washington, D. C. (Ellis S. Middleton, of New York City, 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 interference proceeding from the decision of the Commissioner of Patents holding that neither of the involved parties was entitled to register the trade-mark "Red Caps" for use on certain medicinal preparations.

In his application filed June 5, 1925, appellant alleged that he had used the trade-mark on his goods continuously since July 1, 1921.

Appellee, in his application filed October 26...

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