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PROCTER & GAMBLE CO. v. CRESCENT SUPPLY CO.

Patent Appeal No. 3554.

80 F.2d 1002 (1935)

PROCTER & GAMBLE CO. v. CRESCENT SUPPLY CO.

Court of Customs and Patent Appeals.

December 2, 1935.

Attorney(s) appearing for the Case

Allen & Allen, of Cincinnati, Ohio (Erastus S. Allen and Marston Allen, both of Cincinnati, Ohio, of counsel), for appellant.

Edward H. Merritt, of Ft. Wayne, Ind. (James Atkins, of Washington, D. C., of counsel), for appellee.

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

LENROOT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents, affirming a decision of the Examiner of Interferences, dismissing the opposition of appellant to the application of appellee for the registration of the mark "Cresco," applied to petroleum lubricating oils and greases, in class No. 15; the application being filed December 28, 1932, under the Trade-Mark Act of February 20, 1905, as amended (15 U.S.C.A. § 81 et seq.).

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