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GILMORE OIL CO. v. WOLVERINE-EMPIRE REFINING CO.

Patent Appeal No. 3223.

69 F.2d 532 (1934)

GILMORE OIL CO., Limited, v. WOLVERINE-EMPIRE REFINING CO.

Court of Customs and Patent Appeals.

March 19, 1934.

Attorney(s) appearing for the Case

Jas. M. Naylor, of San Francisco, Cal. (Chas. R. Allen, of Washington, D. C., of counsel), for appellant.

Emery, Booth, Varney & Whittemore, of New York City (Joseph Y. Houghton, of Washington, D. C., 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 opposition proceeding from the decision of the Commissioner of Patents reversing the decision of the Examiner of Interferences dismissing the notice of opposition of appellee and holding that appellant was entitled to the registration of a composite trade-mark, for use on lubricating motor oils, comprising a pictorial representation in full face of the head of a lion with wide-open mouth, together with the...

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