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PROCTOR & GAMBLE CO. v. J. L. PRESCOTT CO.

Patent Appeal No. 3462.

77 F.2d 98 (1935)

PROCTOR & GAMBLE CO. v. J. L. PRESCOTT CO.

Court of Customs and Patent Appeals.

Rehearing Denied June 3, 1935.

Attorney(s) appearing for the Case

Allen & Allen, of Cincinnati, Ohio (Drury W. Cooper, of New York City, and Walter M. Shohl, Marston Allen, and E. S. Allen, all of Cincinnati, Ohio, of counsel), for appellant.

Joshua R. H. Potts, of Philadelphia, Pa. (Basel H. Brune, of Philadelphia, Pa., and Eugene Vincent Clarke, of Chicago, Ill., of counsel), for appellee.

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

BLAND, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents, affirming a decision of the Examiner of Trade-Mark Interferences, sustaining the petition of appellee for the cancellation of appellant's trade-mark "Chipso," both tribunals holding that said mark was confusingly similar to the registered trade-mark of appellee "CHASE-O," said marks being applied to goods of the same descriptive properties.

Appellant's mark "Chipso...

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