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AMERICAN PRODUCTS CO. v. LEONARD

Patent Appeal No. 2804.

53 F.2d 894 (1931)

AMERICAN PRODUCTS CO. v. LEONARD.

Court of Customs and Patent Appeals.

December 7, 1931.

Attorney(s) appearing for the Case

Walter F. Murray and Frank L. Zugelter, both of Cincinnati, Ohio (Charles D. Davis, of Washington, D. C., of counsel), for appellant.

Frederick S. Stitt, of Washington, D. C. (Watson E. Coleman, of Washington, D. C., of counsel), for appellee.

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

GRAHAM, Presiding Judge.

The appellee filed his application in the United States Patent Office for registration of his trade-mark "Zeno," used in connection with the sale of a dentifrice, on July 19, 1928. Appellant opposed this registration, alleging probable confusion in trade with its registered trade-mark "Zanol," used on a line of chemical, medical, and pharmaceutical supplies, including dentifrices, long prior to any use of its mark by appellee. The opposition...

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