WILLIAM S. MERRELL CO. v. ANACIN CO.

Patent Appeal No. 4133.

109 F.2d 339 (1940)

WILLIAM S. MERRELL CO. v. ANACIN CO.

Court of Customs and Patent Appeals.

February 5, 1940.


Attorney(s) appearing for the Case

Murray, Sackhoff & Paddack, of Cincinnati, Ohio, for appellant.

Edward S. Rogers, William T. Woodson, and James H. Rogers, all of Chicago, Ill., for appellee.

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


BLAND, Associate Judge.

This is an opposition proceeding filed by the opposer-appellee, the Anacin Company, hereinafter referred to as the opposer, against the registration by the William S. Merrell Company, applicant-appellant, hereinafter referred to as applicant, of the trade-mark "Alycin" for use upon "a preparation for the treatment of common colds, neuralgia complaints, rheumatism, arthritic conditions and the like."

The record shows that the applicant...

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