VICK CHEMICAL CO. v. THOMAS KERFOOT & CO.

Patent Appeal No. 3532.

80 F.2d 73 (1935)

VICK CHEMICAL CO. v. THOMAS KERFOOT & CO., Limited.

Court of Customs and Patent Appeals.

November 27, 1935.


Attorney(s) appearing for the Case

Edward S. Rogers, James F. Hoge, and L.B. Stoughton, all of New York City, and Francis L. Browne and Thomas L. Mead, Jr., both of Washington, D. C., for appellant.

Asher Blum, Hugo Mock, and Walter L. Post, all of New York City (Charles R. Allen, 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 which dismissed appellant's petition to cancel trade-mark registration No. 181,259, dated March 18, 1924, issued to appellee, for the word "Vapex." The said mark was registered for use upon an "inhalant for the relief of cold in the head and the like." The proceeding is under section 13 of the Trade-Mark Act of February...

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