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BREESE v. TAMPAX SALES CORPORATION

Patent Appeal No. 4079.

102 F.2d 808 (1939)

BREESE v. TAMPAX SALES CORPORATION.

Court of Customs and Patent Appeals.

February 6, 1939.

Attorney(s) appearing for the Case

Orton & Griswold, of New York City (Frederick Griswold, Jr., of New York City, and J. Russell Juten, of Washington, D. C., of counsel), for appellant.

Pennie, Davis, Marvin & Edmonds, of New York City (George E. Middleton, of New York City, Clarence M. Fisher, of Washington, D. C., and Ambrose A. Arnold, of New York City, of counsel), for appellee.

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

LENROOT, Associate Judge.

This is a trade-mark cancellation proceeding, under the Trade-Mark Act of February 20, 1905, 15 U.S.C.A. § 81 et seq., in which the Commissioner of Patents reversed a decision of the Examiner of Trade-Mark Interferences which dismissed appellee's petition for the cancellation of the registration of appellant's trade-mark "Tampad," registration No. 327,833, for absorbent catamenial tampons. The commissioner held that appellee was the...

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