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UNITED DRUG CO. v. WILEY

Patent Appeal No. 3597.

82 F.2d 293 (1936)

UNITED DRUG CO. v. WILEY.

Court of Customs and Patent Appeals.

March 23, 1936.

Attorney(s) appearing for the Case

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

Howson & Howson, of Philadelphia, Pa. (Kennard N. Ware, of Philadelphia, Pa., of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents in a trade-mark opposition proceeding affirming the decision of the Examiner of Interferences dismissing appellant's notice of opposition, and holding that appellee is entitled to the registration of the trade-mark "Blurex," for use on "Starching Compounds."

In its application, appellee stated that it had used its mark on its goods since December 20, 1932.

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