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CORN PRODUCTS REFINING CO. v. COCA-COLA CO.

Patent Appeal No. 4110.

103 F.2d 385 (1939)

CORN PRODUCTS REFINING CO. v. COCA-COLA CO.

Court of Customs and Patent Appeals.

May 1, 1939.

Attorney(s) appearing for the Case

Hervey, Barber & McKee, of New York City (Morrison T. Hankins, of New York City, of counsel), for appellant.

Harold Hirsch and Frank Troutman, both of Atlanta, Ga., and Edward S. Rogers, of New York City (Thomas L. Mead, Jr., of Washington, D. C., of counsel), for appellee.

Before GARRETT, Presiding Judge, and HATFIELD, LENROOT, and JACKSON, Associate Judges.

LENROOT, Associate Judge.

This is a trade-mark opposition proceeding wherein the Commissioner of Patents affirmed a decision of the Examiner of Interferences which sustained the opposition of appellee and adjudged that appellant is not entitled to the registration for which it has made application.

On September 23, 1935, appellant filed, under the Trade-mark Act of February 20, 1905, its application for the trade-mark "Dextra-Cola" as applied to a non-alcoholic...

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